CRIMES ACT 1900 - SECT 35A Affray
CRIMES ACT 1900 - SECT 35A
Affray(1) A person commits an offence if—
(a) the person engages in conduct; and
(b) the conduct is violence or the threat of violence; and
(c) the violence or threat is directed towards someone else; and
(d) the violence or threat would be likely to cause a reasonable person to fear for his or her safety.
Maximum penalty: imprisonment for 2 years.
(2) A person commits an offence if—
(a) the person engages in conduct; and
(b) the conduct is violence or the threat of violence; and
(c) the violence or threat is directed towards someone else; and
(d) 2 or more other people present are also engaging in conduct that is violence, or the threat of violence, directed towards someone else; and
(e) the conduct of the person and the other people taken together would be likely to cause a reasonable person to fear for their safety.
Maximum penalty: imprisonment for 5 years.
(3) A person commits an offence if—
(a) the person engages in conduct; and
(b) the conduct is violence or the threat of violence; and
(c) the violence or threat is directed towards someone else; and
(d) 5 or more other people present are also engaging in conduct that is violence, or the threat of violence, directed towards someone else; and
(e) the conduct of the person and the other people taken together would be likely to cause a reasonable person to fear for their safety.
Maximum penalty: imprisonment for 10 years.
(4) For an offence against this section—
(a) the violence or the threat of violence—
(i) must involve more than words; and
(ii) need not be carried out in common purpose with any other person; and
(b) a person towards whom the violence or threat of violence is directed does not need to be involved in the violence or threat; and
(c) a reasonable person does not need to be, or be likely to be, present at the place where the conduct happened; and
(d) a person does not need to have actually feared for their safety.
(5) In this section:
"engage in conduct"—see the Criminal Code