AFFRAY

Affray Charges in New South Wales (NSW)

An affray is a serious criminal offence in New South Wales, involving violent or threatening conduct that causes fear to members of the public. The offence is designed to address behaviour that disturbs public order, whether in a public or private setting.

Legal Definition

Affray is defined under Section 93C of the *Crimes Act 1900 (NSW). According to the legislation:

“A person is guilty of affray if the person uses or threatens unlawful violence towards another, and the conduct is such as would cause a person of reasonable firmness present at the scene to fear for their personal safety.”
(Crimes Act 1900 (NSW), s 93C(1))

This offence may be committed by an individual or by multiple persons acting together. It is not necessary for an actual third party to be present—what matters is whether a hypothetical person of reasonable firmness would be expected to feel fear in that situation.

Key Elements of Affray

To establish the offence of affray, the prosecution must prove:

  • The accused used or threatened unlawful violence;

  • The conduct was directed towards another person;

  • The conduct would cause a reasonable person present at the scene to fear for their personal safety;

  • The offence can occur in either a public or private location.

Penalties

Affray is an indictable offence carrying a significant penalty. The maximum penalty under Section 93C is:

  • 10 years imprisonment

Due to its serious nature, affray is generally dealt with in the District Court, although it can also be heard summarily in certain circumstances.

Common Examples

Examples of conduct that may constitute affray include:

  • Physical fights or violent confrontations in public places;

  • Threatening behaviour that causes panic or fear in bystanders;

  • Group altercations at events or demonstrations.

Relevant Legislation

  • Crimes Act 1900 (NSW) – Section 93C – Affray

Legal Definition

Legal Assistance

Given the severity of the potential penalties and the complexity of the legal issues involved, individuals charged with affray are strongly encouraged to seek advice from a qualified criminal defence solicitor.

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