Withdrawing an Affray Charge

This is a case study on withdrawing an Affray charge.
Our client was charged with Affray along with 10 others following an incident at a local restaurant in Sunshine. It began between 2 rival groups resulting in a significant damage to the restaurant and a number of injuries to people.

We acted on the client’s behalf at the Sunshine Magistrates’ Court on charges of Affray and Commit Indictable Offence Whilst on Bail.

The position of the prosecution was that our client was to be held accountable for the actions of others even though he did not play a significant role. Dr. Michael Fitzgerald from our city office held conduct of the file and we appeared on the client’s behalf.

Through Michael’s meticulous preparation and our lawyer’s ability to persuasively put our client’s instructions to the relevant parties, withdrawing the Affray charge was made possible. This is an excellent result as the client was able to eventually put this incident behind him once and for all.

Elements of Affray:

  • The accused was involved in the use of force.
  • The use of force was unlawful.
  • The use of force occurred in circumstances where a bystander of reasonable firmness and courage might reasonably expect to be terrified.

DISCLAIMER: This is a real case study of an actual case from our files. Details pertaining to the client have been changed to protect their privacy. The sentence imposed and the charge have not been altered. These case studies are published to demonstrate real outcomes and give an indication of possible tariffs in Court. We do not guarantee a similar case on these charges will get the same result. Please note that we post results at our discretion, therefore while many case studies are average results, others are notable for their exceptional outcomes. PUBLISHED 24/10/2019