Affray and Riots

Affray offences are where any person uses or threatens unlawful violence towards another, and whose conduct causes a person of reasonable firmness present at the scene to fear for their safety. 

In cases where there has been public disorder, such as a brawl, riot or fight, it is common for affray charges to be laid. There have been many examples in New South Wales in recent years where otherwise peaceful protests have descended into riots with violent clashes between protesters and police. Similarly, there have been cases where revelers attending popular events such as the Sydney Mardi Gras are charged with affray.

However, affray offences are not confined to public disorder - they can also be laid in respect of unlawful violence in private situations. Although, they cannot be charged solely on the basis of a person using threatening words.

If you have been charged with affray, do not talk to the police or the media about the offence. Call our office on 02 8039 7497 or Paul FC McGirr directly 24 hours 7 days a week on 0405 508 099 for legal advice and next steps.