Crimes Act 1900 section 93C is the legislation governing the laws surrounding the offence of ‘Affray’. What are some examples of Affray? One common example is where a person gets into a Fight in front of one or more people, taking part in a riot, yelling at a person, and threatening to inflict bodily harm are all examples of acts which could constitute the offence of Affray.


Which Court will hear this offence?

The offence of ‘Affray’ is usually finalised in the Local Court. However, it should also be noted that the offence of affray is a T1 (Table 1) offence, meaning that it is an offence which the prosecution can elect to have the matter heard in the District Court, which could attract harsher penalties if the person is found guilty of such offence. 


What the prosecution must prove?

To find a person guilty of the offence of Affray, the prosecution must prove each of the following elements beyond a reasonable doubt:


·      The accused used or threatened to use unlawful violence towards another person.

·      The conduct of the accused was such as would cause a person of reasonable firmness present at the scene to fear for his/her personal safety.


Why Choose Nicopoulos Sabbagh Lawyers to represent you?

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It is very important that you speak with a lawyer so that you can get the appropriate legal advice which you require prior to going to court.


Our team of experienced solicitors are there for you and can help you answer all your questions, so be sure to contact Nicopoulos Sabbagh Lawyers.


*This article correctly reflects the Laws of NSW as at 29th March 2023.


*Please note that this page or any other pages on our website (including any other social media platforms for Nicopoulos Sabbagh Lawyers) are not to be considered as a substitute for legal advice or even other professional advice. It should also be noted that accessing of this information from this website does not create a client-lawyer relationship.


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