Affray and Riot Offences

Affray is a crime under Section 93C of the Criminal Code, involving violent acts or threats of violence that disturb public order. While often linked to public disturbances, it can also occur in private settings. The charge carries penalties ranging from fines to 10 years in prison, depending on the severity.
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Affray and riot are criminal offenses that involve the use of violence or the threat of violence in a public place. These crimes can have serious consequences and it is important to understand the differences between the two offenses.

Affray is defined as the use of or threat of violence between two or more people in a public place that would cause a reasonable person to fear for their safety. This can include physical altercations, verbal arguments that escalate into physical threats, or the use of weapons. While affray is a serious crime, it is typically considered less severe than riot.

Riot, on the other hand, involves the use of or threat of violence by a group of three or more people in a public place, with the intent to cause public fear or alarm. This can include violent protests, mob violence, or other large-scale disturbances that threaten public safety. Riot is a more serious offense than affray, as it involves a larger group of people and the intent to cause fear or alarm in the wider community.

Both affray and riot are punishable by significant fines and imprisonment, depending on the severity of the offense. In some cases, the penalties for these crimes may be enhanced if they are committed during a time of social unrest or in connection with other criminal activity. If you have been charged with one of these crimes, it is important to seek legal counsel as soon as possible to protect your rights and defend yourself against the charges. It is also important to remember that even if you are not directly involved in the violence, you can still be charged with affray or riot if you are present at the scene and do not take steps to disperse or prevent the violence from occurring.

What is Affray and Riot Offences?

Affray occurs when an individual uses violence or threats of violence, causing reasonable fear in others for their safety. While similar to other crimes like riots and violent acts violating public order, affray specifically involves a threat or act of violence in a public setting. Riots, which are more severe, can lead to up to 15 years imprisonment.

Elements the Prosecution Must Prove

The prosecution must show that the defendant’s actions were violent or threatened violence, causing a reasonable person to fear for their safety. Unlike assault, the key factor is the fear created in third parties witnessing the act.

Possible Defences

Defences may include:

  • Self-Defence – If the defendant acted to protect themselves or others.
  • Coercion – If the defendant was forced to act under threat of harm.

Potential Penalties

The penalties for affray can range from a fine to a prison sentence of up to 10 years, depending on the circumstances and severity of the offence.

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Physical Abuse

Definition : Physical violence is the use of physical force to harm or threaten a victim.

Expression :

  • Pushing, hitting, kicking, slapping
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Impact : Physical violence not only causes obvious physical harm, but can also lead to long-term health problems and psychological trauma.

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