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