Affray

Affray

The offence is committed when a person uses or threatens unlawful violence towards another that would cause a person of reasonable firmness present at the scene to fear for his or her personal safety.

It is usually charged by police when there has been a fight in public involving more than two persons and none of those alleged to have been involved complains to the police; such that there is no "victim". In this scenario the victim becomes the reasonable bystander who is put in fear by witnessing the fight.

The maximum penalty is imprisonment for 2 years.

It is a defence to this charge if the accused person was acting in self defence.