Crime Topics Menu
Doogue & O'Brien Testimonials
"I don't think I could have coped if I lost my trial. The preparation you put in was amazing."
Gary F
"I was proud that we stood up and fought the charges. I would have lost everything if I had been found guilty."
Peter L
"Your compassion during my time of need was outstanding. Many thanks."
Cameron A
"Lots of people kept telling me I should plead guilty except for your firm. You were right."
Lee W
"Everyone was judging me except for you. That support really helped me get through a terrible time."
John A
Affray
Affray
What the Law states - Affray
This is a common law offence which means that it does not come under particular legislation. The law surrounding it is from case law rather than legislation by parliament.
If you look at what must be proved that is basically what the law is in relation to this charge.
There is then a lot of case law that explains this law in greater detail.
Maximum Penalty in Victoria
5 years
What the Prosecution must prove - Affray - Vic
(a) The accused was involved in a fight or unlawful violence.
(b) The fighting or violence was such that a bystander of reasonable firmness and courage might reasonably be expected to be terrified.
Street Names for Affray
Public fighting, Fighting in public, brawling, brawl in public, assault in company, rioting.
Possible Defences - Affray
(a) Duress.
(b) Factual dispute.
(c) Honest and reasonable mistake of belief.
(d) Identification dispute.
(e) Lack of intent.
(f) Mental impairment.
(g) Necessity.
(h) Self-defence.
Which court will hear the charge of Affray
Magistrates' Court.
