Affray and Riot Offences
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.
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.
Legal Process
& Options
Pleading
Not Guilty
Pleading
Guilty
No. Physical contact is not always necessary. You can be charged with common assault simply for threatening or attempting to cause harm, as long as the victim had a reasonable fear of immediate violence.
Yes. A conviction for common assault will result in a criminal record, which ca n affect your employment, travel, and future opportunities. However, it may be possible to avoid a conviction if the court is persuaded to deal with the matter under Section 10.
Once charges are laid, it is up to the police or prosecution to proceed or withdraw them, not the victim. While a victim’s wishes may be taken into account, the decision to continue lies with the Director of Public Prosecutions (DPP) or NSW Police.
Yes, a verbal threat can amount to common assault if it causes the victim to fear immediate and unlawful violence. The threat must be serious enough and made in a context where the victim genuinely believes harm could occur imminently.
The main difference lies in the extent of injury. Common assault does not require proof of injury, while AOABH involves physical harm that is more than transient or trifling, such as bruises, cuts, or psychological trauma. AOABH carries heavier penalties.
You should not be found guilty if you acted in lawful self-defence. The court will consider whether you believed the force was necessary and whether your response was proportionate. This is a common and valid legal defence.
No. Injury is not required. Common assault can occur from a threatening gesture, a slap, a shove, or any act that causes another person to fear unlawful force or experience minor physical contact without consent.
Failing to attend court may result in a warrant for your arrest being issued. It is crucial that you appear in court on the specified date or arrange legal representation to act on your behalf if possible. Always contact the court or your lawyer if you’re unsure.
Yes, but only at the discretion of the police or the prosecution. If there is insufficient evidence or the alleged victim refuses to cooperate, the prosecution may withdraw the charge upon the negotiation between the lawyer and the police. However, charges can still proceed even without the victim’s support.
Yes, courts in NSW can issue a non-conviction outcome under Section 10 of the Crimes(Sentencing Procedure) Act 1999. This means you are found guilty but no conviction is recorded. This may be more likely if the offence was minor and you have no prior record.
Common Assault involves causing fear orapprehension of immediate violence or minor physical contact withoutsignificant injury. AOABH involves an assault that causes actual physicalinjury beyond minor or transient harm.
“Actual bodily harm” includes injuries that interfere with the health or comfort of the victim and are more than insignificant. Examples include:
- Bruising or swelling
- Lacerations or cuts
- Nosebleeds
Yes, it isan indictable offence. However, it is triable summarily in the Local Court under certain conditions (depending on seriousness and election by the prosecution or defence).
Yes. If a single punch causes injuries such as bruising, lacerations, or a nosebleed, it may be sufficient to support an AOABH charge.
This offence occurs when a person:
- Assaults, resists, hinders, obstructs, or intimidates a police officer,
- While that officer is acting in the execution of their duty.
It is covered under Section 58 of the Crimes Act 1900 (NSW). It includes physical force, verbal threats, or any act that interferes with an officer’s lawful role.
Resisting refers to any physical or active opposition to a lawful police action (e.g., pulling away during arrest). Hindering may involve more passive interference, such as:
- Giving false information
- Blocking police from accessing a location
- Encouraging someone else to resist arrest
No.
Theofficer does not need to be in uniform, but they must identify themselvesclearly as a police officer. The offence only applies when the officer is lawfully performing their duties (e.g. not off-duty or acting unlawfully).
If you can prove that you reasonably believed your actions were necessary to defend yourself or another, you may have a valid self-defence argument. This defence must be carefully supported by the circumstances and facts.
To be found reckless, the court must find that a reasonable person in your position would have realised there was a substantial risk of causing serious injury. If the risk was not obvious or foreseeable, that may be a defence. A classic example could be, one threw a glass bottle towards another person’s face, which caused a blind eye. A reasonable person would realise the eye could have been injured by do so.
In some cases, legal representatives can negotiate with the prosecution to reduce the charge to assault occasioning actual bodily harm (AOABH) or common assault, depending on the injury, evidence, and intent.
"Wounding" involves breaking both the inner and outer layers of the skin (e.g. a deep cut or puncture), while "GBH" involves more severe or permanent injuries.
Wounding with intent is serious, but GBH with intent usually results in harsher penalties due to the greater level of harm caused.
“To cause GBH or wounding with intent” means the prosecution must prove that the accused deliberately intended to cause serious harm or injury to another person, not just acted recklessly.
It is important to note that intent is a crucial element and must be proven beyond reasonable doubt.
Yes, if the prosecution can prove there wasintent to cause GBH or wounding even if the harm wasn’t permanent or as severeas intended you can still be convicted under Section 33 of the Crimes Act 1900(NSW).
Yes. These offences are treated seriously by the courts and can result in criminal records, fines, or imprisonment. A criminal lawyer can advise you on possible defences, negotiate with prosecutors, and represent you in court.
You should contact a criminal lawyer as soon as you are charged, approached by police, or if you believe you may be under investigation.
Early legal advice is critical in protecting your rights and preparing your defence.
Look for a criminal lawyer with proven experience in defending assault and violence offences, strong knowledge of local courts, and a history of achieving successful results for clients.
Yes. These offences are treated seriously by the courts and can result in criminal records, fines, or imprisonment. A criminal lawyer can advise you on possible defences, negotiate with prosecutors, and represent you in court.
You should contact a criminal lawyer as soon as you are charged, approached by police, or if you believe you may be under investigation.
Early legal advice is critical in protecting your rights and preparing your defence.
Look for a criminal lawyer with proven experience in defending assault and violence offences, strong knowledge of local courts, and a history of achieving successful results for clients.
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