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What to Know About a Charge of Affray in ACT Criminal Law
Andrew Byrnes Law Group • October 1, 2020
ACT police and prosecutors may resort to a charge of Affray when their investigation shows that they may have difficulty unable to prove an assault. With this charge, the court decides whether the alleged offender behaved in a way that could leave a reasonable person in fear of their safety.
This type of offence can result in a sentence of imprisonment. Note that before you take part in any police record of an interview, you must obtain expert legal advice. Like assault, there is a maximum penalty of two years’ imprisonment for affray. A Canberra criminal lawyer can provide excellent legal advice in the early stages. They can help you form a defence and otherwise discuss the effects of a guilty plea were you to go down that path.
What makes a person guilty of Affray?
One example of an affray is if the prosecution proves that the person had gotten into a fight in front of one or more people, or they had yelled and threatened to punch a person. Road rage or participation in a riot are possible grounds for this charge as well. According to Sect 35A of the Crimes Act 1900, a person commits affray if:
the person engages in conduct; and
the conduct is violence or the threat of violence; and
the violence or threat is directed towards someone else; and
the violence or threat would be likely to cause a reasonable person to fear for his or her safety.
Remember that there could be other consequences beyond the penalty from the court. Criminal convictions are serious and could create ripple effects in your career and personal life.
If you have a criminal record, it could prevent you from working with children, in a bank, or at a hospital. Positions at a casino or as a security guard could be off the table as well. It is more likely for potential employers to hire an individual with no prior convictions, and convictions can also make it difficult for you to obtain a visa for travel.
Talk to an experienced criminal lawyer if you are charged with Affray. Depending on the case circumstances, you might be able to negotiate with the prosecution. It may be possible to downgrade Affray to Fighting in a Public Place. This means from facing a penalty of anywhere from two jail, you might only need to pay a fine.
How do the police prove a charge of Affray?
The police must show evidence beyond a reasonable doubt that the accused committed the act, that it was violent or involved the threat of violence, and that they directed it towards another person. Aside from these, they must also show that someone in the same situation would fear harm. Note that an act amounting to Affray can also pertain to refraining from or omitting to do something.
What defence is available against this charge?
If a person had been charged with Affray, their criminal attorney could argue in their defence by saying that their client did not use or threaten to use violence. They could also point out that any reasonable person would not have feared for their safety because of their client’s actions.
Conclusion
In the ACT, it can be easier to prove a charge of Affray, which is why the police sometimes resort to it instead of Assault. A skilled lawyer can help someone accused of Affray by crafting a defence strategy tailored to the situation or otherwise convincing the prosecution to downgrade or drop the charge. Attorneys can sometimes even prevent a guilty verdict altogether.
For legal representation that gets results, contact Andrew Byrnes Law Group today. Our assault defence lawyers are committed to achieving the best outcomes possible for our clients through our deliberately different practice. Contact us to learn more or to schedule a free consultation today
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