What the Law states - Affray
Section 72 of the Criminal Code Queensland states:
1. A person who takes part in a fight in a public highway, or takes part in a fight of such nature as to alarm the public in any other place to which the public have access is guilty of a misdemeanour, and is liable to imprisonment for 1 year.
2. If 2 or more persons use or threaten the unlawful violence, it is the conduct of them taken together that must be considered for the purposes of subsection (1).
3. Affray may be committed in private as well as in public places where people may be present.
What the Police must prove - Affray
In order for the Police to prove their case at court, they must prove each of the following matters beyond a reasonable doubt.
1. The accused used or threatened unlawful violence towards another.
2. The conduct was such as would cause a person of reasonable firmness present at the scene to fear for his or her personal safety.
It will be necessary for the police in every offence to prove that the accused was the person who committed the offence. Click here to learn more about identification Evidence.
Maximum Penalty - Affray
The maximum penalty for the offence is 1 year imprisonment.
Which court will hear the matter - Affray
This matter is an indictable offence which can only be dealt with in the District Court.
Possible Defences - Affray
1. Duress
2. Accused did not take part in the fight.
3. The accused did not make a threat.
4. Necessity
Criminal Law Article written by Bill Potts (a Queensland criminal defence lawyer who is experienced in Affray related matters.
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