Law Information - Public Order Offences - TAS

Affray

Date: 09/01/2009

The Law -

Criminal Code Act 1924 SECT 80

80. Affray

(1) An affray is the fighting of 2 or more persons in any public place to the terror of His Majesty's subjects.

(2) Every person who takes part in an affray is guilty of a crime.

Charge: Taking part in an affray.

What the prosecution must prove - Affray

(a) the accused is correctly identified as the offender

(b) The accused was involved in a fight or unlawful violence

(c) The fighting or violence was such that a bystander of reasonable firmness and courage might reasonably be expected to be terrified

The Maximum Penalty for Affray is

The maximum term of imprisonment is 21 years, or fine, or by both such punishments, and will be determined by the judge as he/she thinks fit in the circumstances of each particular case.

Possible Defences - Affray

(a) Duress

(b) Factual dispute

(c) Honest and reasonable mistake of belief

(d) Identification dispute

(e) Lack of intent

(f) Mental impairment

(g) Necessity

(h) Self-defence

The Court process - Affray

Supreme Court