Affray is a public order offense, recognized in many jurisdictions descended from English common law, consisting of the fighting of one or more persons in a public place to the terror of ordinary people. In England and Wales it is a statutory offense under the Public Order Act 1986, carrying a sentence of up to three years imprisonment depending on how the case is tried. Sentencing and definitions vary elsewhere in the common law world: New South Wales allows up to ten years imprisonment while Queensland caps the offense at one year, and New Zealand codifies the same conduct as fighting in a public place under its Summary Offences Act 1981. A person engaged in an affray may also face separate charges such as assault, unlawful assembly or riot depending on their conduct and the jurisdiction.
Facts
Classification CodeIn England and Wales, affray is a statutory offense, triable either way, created by section 3 of the Public Order Act 1986, after the common law offense was abolished in 1987. 1 Typical PenaltyIn the Australian state of Victoria, affray carries a maximum penalty of 5 years imprisonment, rising to 7 years if the offender wore a face covering to conceal their identity or protect against crowd-controlling substances at the time of the offense. 1 Elements of OffenseUnder New South Wales law, a person is guilty of affray if they threaten unlawful violence toward another and their conduct would cause a person of reasonable firmness present at the scene to fear for their personal safety, with guilt requiring intent to use or threaten violence or awareness that the conduct may be violent. 1 Notable ExampleIn the 2015 English case R v Childs and Price, the Court of Appeal quashed a murder verdict and substituted a conviction for affray instead, after dismissing an allegation of common purpose. 1 Jurisdiction VariationMaximum penalties for affray vary sharply among Australian states: New South Wales sets a maximum of 10 years imprisonment under section 93C of the Crimes Act 1900, Victoria sets 5 years, or 7 years if the offender wore a face covering, and Queensland caps the same conduct at 1 year as a misdemeanor. 1 Classification
Offense GradeMinor or Summary Offense 1 Sources
1. Affray (Wikipedia)
Wikipediaen.wikipedia.org/wiki/Affray, lead paragraph
In many legal jurisdictions related to English common law, affray is a public order offence consisting of the fighting of one or more persons in a public place to the terror of ordinary people.
England and Wales section
Affray is now a statutory offence that is triable either way. It is created by section 3 of the Public Order Act 1986
Australia, New South Wales subsection
a person will be guilty of affray if he or she threatens unlawful violence towards another and his or her conduct is such as would cause a person of reasonable firmness present at the scene to fear for his or her personal safety
Australia section
The maximum penalty for an offence of affray contrary to section 93C is a period of imprisonment of 10 years.
Australia, Victoria subsection
If found guilty, the maximum penalty that may be imposed for Affray is imprisonment for 5 years or, if at the time of committing the offence the person was wearing a face covering used primarily to conceal their identity or to protect them from the effects of crowd-controlling substances, imprisonment for 7 years.
England and Wales section, R v Childs and Price passage
In R v Childs & Price (2015), the Court of Appeal quashed a murder verdict and replaced it with affray, having dismissed an allegation of common purpose.
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