Riot and Affray

Affray is an increasingly popular charge used by police, not always appropriately and where a less severe charge such as assault or offensive conduct might suffice. Affray can be defined as when unlawful violence is used or threatened towards another person which would cause an individual of “reasonable firmness”, present at the scene, to fear for his or her safety.

Riot on the other hand, is where 12 or more persons who are present together use or threaten unlawful violence for a common purpose and the conduct is such as would cause a person of reasonable firmness present at the scene to fear for his or her personal safety.

Penalties

Affray: 93C Crimes Act 1900 (NSW)

  • Maximum penalty of 10 years imprisonment

Riot: Section 93B Crimes Acts 1900 (NSW)

  • Maximum penalty 15 years imprisonment

The complexity of these offences requires the extensive knowledge and meticulous attention to detail which our lawyers provide. Our team has specialised knowledge in Riot and Affray offences having assisted many clients successfully defend charges or obtain lesser penalties once sentenced.

If you have been charged with a these offences, our experts can help. Contact us to schedule an appointment with one of our lawyers in our office.

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