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Affray

Offence title:

 

Affray

Act:

 

93C Crimes Act (NSW)

Offence:

(1)   A person who uses or threatens violence towards another and whose conduct would cause a person of reasonable firmness present at the scene to fear for their personal safety, commits an offence

 

Penalty:

 

Imprisonment for 10 years.

Summary/Indictable/mixed:

 

Mixed

 

Jurisdiction:

 

Local, District and Supreme Courts

How committed:

 

Person A argues with Person B, in doing so yelling threats and attacking Person B.

 

Important note:

(2)   If 2 or more people use or threaten unlawful violence, the conduct considered is their combined conduct.

 

(3)   For the purposes of this section, a threat cannot be made by the use of words alone

 

(4)   No person of reasonable firmness need actually be present at the scene.

 

(5)   Affray can be committed in private and public.

 

s.93D(2) A person is guilty of affray only if the person intends to use or threaten violence or is aware that his or her conduct may be violent or threaten violence.

 

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