Adelaide Lawyers for Affray Charges
What is Affray?
A charge for the offence of Affray is pursuant to section 83C of the Criminal Law Consolidation Act 1935 (SA).
Affray
(1) A person who uses or threatens unlawfulviolence towards another and whose conduct is such as would cause a person of reasonable firmness present at the scene to fear for his or her personal safety is guilty of affray.
(2) If 2 or more persons use or threaten the unlawful violence, it is the conduct of them taken together that must be considered for the purposes of subsection (1).
(3) For the purposes of this section, a threat cannot be made by the use of words alone.
(4) No person of reasonable firmness need actually be, or be likely to be,present at the scene.
(5) Affray may be committed in private as well as in public places.
(6) A person is guilty of affray only if the person intends to use orthreaten violence or is aware that his or her conduct may be violent orthreaten violence.
Why you Need Legal Advice
If you have been charged with affray, it is crucial to understand the serious consequences a conviction can have on your future. A criminal record for affray can impact your employment prospects, ability to travel, and even your personal relationships. At Stanley & Co Lawyers, we have extensive experience defending clients against affray charges. Our expert criminal lawyers will assess your case, explore all possible defences, and work tirelessly to achieve the best possible outcome. Don’t face this charge alone - contact Stanley & Co Lawyers on 08 7001 6135 today for a complimentary 30-minute, no-obligation consultation with one of our skilled criminal defence lawyers.
Helpful Questions & Answers
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The Maximum penalty for Affray
The maximum penalty for a basic offence is 3 years imprisonment and for an aggravated offence 5 years imprisonment.
What Must the Prosecution Prove
When prosecuting a person with an offence the prosecution must prove every element of that offence.
An element of anoffence is a fact or aspect of the offence that the prosecution must prove tosuccessfully prosecute someone for that offence.
For the charge of Affray, the elements of that offence are:
- The defendant used violence, or threatened to use violence, against a person;
- That the use or threat of violence involved some form of conduct or action (affray cannot be charged on use of words alone)
- That the defendant intended to use violence or threaten violence, or that thedefendant was aware that the conduct may be violent or threatening violence;
- That the conduct was such that it would have caused a person of reasonable firmness to fear for their personal safety. (Reasonable Firmness is the temperament of the average person, someone who is neither overly brave nor overly prone to fright or fear.)
Defences to a Charge of Affray
Self-Defence – If the defendant’s conduct was necessary to protect themselves than this maybe a defence to Affray.
The prosecution must prove every element of the offence for a person to be foundguilty of Affray. The prosecution must prove each element beyond a reasonabledoubt. In simple terms, if a finder of fact (a jury or judge) has a reasonabledoubt in their mind about one of the elements of the offence, they must findthe defendant not guilty.
What Court will Hear the Matter?
The prosecution have the discretion as to whether they will lay the matter in theMagistrates Court or the District Court. If the matter is being heard in theMagistrates Court and the Court finds a person guilty and determines that the person should be sentenced to a term of imprisonment exceeding 2 years, the Court must transfer the matter to the District Court for sentence.
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Combined Years Of Experience
