Criminal Lawyers Melbourne

Affray

Criminal Lawyers Melbourne
ADLA member for - VIC

Written by
Bill Doogue
Criminal Defence Lawyer


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Public Order Offences - VIC
The Law - Affray

What the Law states - Affray


This is a common law offence which means that it does not come under particular legislation. The law surrounding it is from case law rather than legislation by parliament.

If you look at what must be proved that is basically what the law is in relation to this charge.

There is then a lot of case law that explains this law in greater detail.

Maximum Penalty in Victoria


The maximum penalty for the offence of Affray is 5 years.

What the Prosecution must prove - Affray - Vic


(a) The accused was involved in a fight or unlawful violence.

(b) The fighting or violence was such that a bystander of reasonable firmness and courage might reasonably be expected to be terrified.

Street Names for Affray


Public fighting, Fighting in public, brawling, brawl in public, assault in company, rioting.

Possible Defences - Affray


(a) Duress.

(b) Factual dispute.

(c) Honest and reasonable mistake of belief.

(d) Identification dispute.

(e) Lack of intent.

(f) Mental impairment.

(g) Necessity.

(h) Self-defence.

Which court will hear the charge of Affray


Magistrates' Court.
Appeal Affray Charge
Article published on 09/01/2009. To check if any changes to the law please discuss with one of our lawyers.

Related Articles


Affray
Legal article on Affray in NSW
You can also find this article on Australian Defence Lawyer's Alliance (ADLA) - Affray.
Criminal Lawyers Melbourne