What to Know About Affray in the Australian Capital Territory.

A charge of affray is an allegation that someone has committed anti-social or violent behaviour, usually by acting violently or threateningly around other people. This is a criminal offence that disturbs the peace or threatens personal safety. The word ‘affray’ means ‘to frighten’. As such, if an action “would cause a person of reasonable firmness, present at the scene, to fear for his or her personal safety,” the participant may be guilty of an offence with affray.

Law enforcers and prosecutors may consider charging an individual with an affray if they believe it may be difficult to establish that the circumstances amounts to an assault. Though at first glance you might think this sounds like a less serious charge, affray can result in imprisonment for a defendant. This is why if you have been charged with an affray charge, it’s important that you get a good criminal lawyer.

Affray in the Australian Capital Territory, New South Wales and Queensland

Different regions have nuances in their interpretation of what constitutes affray. For example, section 93C(5) of the New South Wales Crimes Act 1900 states that a person may be charged with affray regardless of whether the unlawful behaviour occurred in public or in private. In Queensland, section 72(1) of the Criminal Code Act 1899 requires that the behaviour must have occurred in a public place or in a place accessible to the public.

Meanwhile, section 35A of the Australian Capital Territory Crimes Act 1900 states that “a person commits an offence 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.”

“Engage in conduct” as defined by the Criminal Code 2002 (ACT) means to do an act or omit to do an act.

Actions that may be considered an affray

Given these definitions, police may lay charges that involved physical altercations in front of witnesses, road rage, threats of violence and potentially even participating in riots, among others.

Courts may impose imprisonment or Intensive Correction Orders (ICO) on someone convicted with affray. Other penalties include fines, good behviour orders, and suspended sentences in the Australian Capital Territory.

Depending on the seriousness of the offence and an offender’s personal circumstances, it is possible to be found guilty or plead guilty and avoid a conviction and a penalty.

A court can also deliver a combination sentence, which applies two or more penalties on the convicted person.

For more information on the possible penalties you may face if you are charged with affray, you should obtain urgent legal advice from an experienced criminal lawyer.

I’ve been charged with affray – what do I do?

If you have been charged with affray, it’s crucial that you get legal advice from an experienced criminal lawyer right away. There are legal defences that may apply based on the individual circumstances of the case.

If you decide to plead guilty to affray, an experienced criminal lawyer will know how to say the right things and help you prepare the case in such a way that ensures you get the best possible result.

Conclusion

A criminal conviction or imprisonment can affect a person’s life and alter it forever. Having a criminal record can bar you from certain professions and make employers from many industries reluctant to hire you.

It may also be difficult to travel internationally when you have a criminal record. People who are charged with criminal offences, including affray, should seek advice from experienced criminal lawyers.

If you are looking for criminal lawyers in Canberra, Queanbeyan, Goulburn, Wollongong and surrounds, contact us at Andrew Byrnes Law Group today. We are leading criminal lawyers, and we will fight to get the best possible outcome in your case.