AFFRAY

Affray is a charge where the following must have occurred. There must have been unlawful fighting or unlawful violence used by one or more person against another, or there was an unlawful display of force by one or more person without actual violence.

For there to be an affray the unlawful fighting, violence, or display of force must be such that a bystander of reasonable firmness and courage (whether present or not or likely to be present) might be reasonably be expected to be terrified.

The penalty under section 320 of the Crimes Act for affray is a maximum penalty of 5 years imprisonment.

Until recently affray could only be heard in the County Court. The law has been changed recently so that affrays can be heard in the Magistrates' Court.