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?
Nicopoulos Sabbagh Lawyers is the leading Law
firm in Criminal Law matters as our office has dealt with the most complex
matters and our office appears in all Jurisdictions in Criminal Law. No matter
is too complex for the team so be sure to book your first Free Consultation
today!
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.
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