Affray Offence Information

Affray

[Section 93C of the Crimes Act 1900 (NSW)]
Maximum penalty: 10 years imprisonment (2 years if dealt with in the Local Court)
Offence: The threat or use of violence towards another individual resulting person of reasonable
firmness present at the scene to fear for his or her safety. This offence is generally Heard by
Magistrate in the local court, but can be elected by the prosecution or accused for hearing in the
district court.
DefencesPossible defence to this charge is self-defence. In order to raise self defence the
following must be established:
-That the accused believed that their conduct was necessary to defend himself, herself or another.
-What the accused did was a reasonable response in the circumstances as the accused perceived
them.

Sentences: For sentencing consideration is given to the conduct and level of violence used. Other 
considerations include remorse, criminal record, and other such as health issues and employment.
More common and alternative sentences to goal include a good behaviour bond or community
service.