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ARTICLE · 12 MAY 2014

So, just what is affray?

What is the law regarding fighting in public?

AustraliaCriminal Law

Imagine a billionaire and a multi-millionaire, going blow for blow in a public street brawl in the middle of the day, the fight captured by photographers and splashed across front pages of newspapers.

Sure it's hard to believe, but exactly what is the law regarding fighting in public? We've seen terrible consequences of the 'coward's punch' that fells unsuspecting victims, and toughened laws sending drunken assailants who kill to mandatory jail sentences.

But what about public fisticuffs between mates or among family members? Can it be a private matter where the law has no role? Does someone have to make a complaint to police before charges are considered?

A two-sided brawl can be classified as affray, a crime against public order. Affray involves a disturbance of the peace that is violent, it can be public or in private, and, crucially, a bystander might reasonably be expected to be afraid.

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