What is the offence of affray?
It is an offence under section 93C of the Crimes Act
1900 (NSW) to cause or take part in an affray.
The term "affray" refers to the use or threat of
unlawful violent conduct in the presence of others. This conduct
must be enough to cause a normal person to fear for their own
personal safety. Typically, these offences occur in public but can
also happen in private settings where there is a gathering of
people. They generally involve more than one person and often occur
because of a brawl or fight between different people.
A person charged with affray will not only be liable for their
own actions but for the overall conduct which amounts to the
offence. This means if a person individually did not contribute
much to the violence, they might still be held liable for the more
serious violent conduct of others if it is still part of the
altercation or incident the affray concerns.
