What Is Affray?

Affray targets violence, or threats of violence, that create fear and disrupt public peace. It often sits between basic assault and larger group disorder offences, because the focus is the fear caused to others, not the injuries.

Affray is commonly charged when:

• Footage shows a violent confrontation but who hit first is unclear.
• Multiple people are involved and a single victim-based assault is hard to isolate.
• There is threatening posturing, chasing, or grabbing that would frighten onlookers.
• The incident escalates fast and creates wider danger.

Affray can also be charged alongside offences like assault, resist arrest, intimidation, or property damage, each with separate legal elements.

What Is An Affray Charge?

An affray charge means police allege you used or threatened unlawful violence toward another person, and your conduct was such as would cause a person of reasonable firmness present at the scene to fear for their personal safety. The test is objective. The court asks what the conduct would do to an ordinary bystander, not whether a particular witness says they were scared.

NSW law also includes rules that often drive case strategy:

• A threat cannot be made by words alone for the purposes of affray.
• No person of reasonable firmness actually needs to be, or be likely to be, present at the scene.
• Affray can be committed in private as well as in public.

Police tend to lay affray where the incident involves chaos, escalation risk, weapon-like objects, chasing, repeated blows, or a brawl that would frighten a reasonable person if they were nearby. It may also be used where roles are unclear in a multi-person fight and police rely heavily on CCTV, phone footage, and independent witnesses.

Being charged is serious even before a sentence. It can lead to arrest, strict bail conditions, no-contact orders, and reputational harm. Early advice matters because small decisions (messages, social media posts, informal apologies, venue attendance) can become breach allegations or evidence.

What Are The Elements Of Affray?

In criminal law, “elements of an offence” are the specific ingredients the prosecution must prove beyond reasonable doubt. Affray is not simply “a fight.” A brief shove, a loud argument, or an exchange of insults may be antisocial, but it does not necessarily satisfy the legal elements.

In NSW, the key elements generally require proof that:
You used violence, or threatened violence, toward another person.
The violence or threat was unlawful (for example, not lawful self-defence).
The conduct was such as would cause a person of reasonable firmness present to fear for personal safety.
Where two or more people use or threaten unlawful violence, the court can consider their conduct taken together when applying the fear test. That is why group brawls can be charged even when individual actions are hard to separate.

Affray elements and how they are commonly proved

How Many People Are Required For An Affray?

Affray does not require a crowd or a group fight. One offender can commit affray so long as the violence or threat is toward another person and the conduct meets the fear test. When multiple people are involved, the court may consider their conduct together for the fear element.

It also does not require a real bystander. NSW law expressly provides that no person of reasonable firmness needs to be present. In practice, this means CCTV can still support the charge. The issue is whether the conduct, viewed objectively, would cause fear if an ordinary person were present.

What Actions Might Constitute Affray?

Affray is commonly alleged where violence has a public-order quality: a confrontation that looks out of control, creates danger, or would make a reasonable person fear for their safety.

Conduct that can support affray includes:

• Punching and kicking in public (or in a private place) in a way that escalates or continues.
• Chasing or cornering someone while threatening immediate violence with actions, not just words.
• Throwing objects or swinging items that could cause serious injury.
• A multi-person brawl where the overall scene is chaotic and dangerous.

Conduct that may be aggressive but does not automatically amount to affray includes:

• A verbal argument with no physical violence and no threat beyond words.
• Low-level pushing that ends quickly and does not create the required fear threshold.

Footage context is often decisive. Short clips can misrepresent who initiated the incident, whether someone tried to disengage, and whether the force was proportionate.

Is Being Charged With Affray Serious?

Yes. Affray is treated as serious because it is aimed at deterring violence that threatens public safety. Courts often treat public violence as more than a private dispute, particularly where alcohol, crowds, and escalation risk are present.

Consequences can extend beyond punishment:

• Bail conditions may restrict movement, venue attendance, and contact with others.
• A conviction can affect employment screening, licensing, professional registration, and visas.

If you are charged with affray, we can represent you in court, assess the evidence, identify defences (including self-defence and identification issues), negotiate where appropriate, and argue for the most favourable outcome available.

What Is The Punishment For Affray?

Affray sentencing depends on objective seriousness and personal circumstances. Courts consider the conduct, harm or risk, location, whether weapons were used or threatened, whether it was in company, and your criminal history. They also consider mitigation such as an early guilty plea, remorse, prior good character, and practical rehabilitation steps:

• Lower-range matters may result in non-custodial outcomes where the law allows.
• Higher-range matters can result in full-time imprisonment, especially where the violence is sustained, involves weapon-like objects, or happens while on bail or subject to court orders.

What Is The Maximum Penalty For Affray?

In NSW, the statutory maximum penalty for affray is 10 years imprisonment. If the case is finalised summarily in the Local Court, the court’s sentencing limits mean a lower maximum applies for a single offence, even though the Crimes Act sets a higher top penalty. Maximum penalties are not automatic and are rarely imposed. They are reserved for the worst-category cases, but they signal that affray can be treated as highly serious where aggravating features exist, such as weapon use, group violence, sustained attacks, serious injury risk, or violence in crowded public settings.

Is Affray Bailable And Does It Stay On Your Record?

Affray is generally a bailable offence. In NSW, bail is assessed under the Bail Act 2013 using an “unacceptable risk” framework. The bail authority considers risks such as failing to appear, committing a serious offence, endangering safety, or interfering with witnesses or evidence. If those risks can be managed by conditions, bail can be granted.

Common bail conditions in affray matters include no-contact conditions, non-association orders, area or venue restrictions, alcohol conditions, curfews, and reporting obligations. The strictness usually increases where there is a history of violence, alleged weapon use, or concerns about ongoing conflict.

A conviction for affray can appear on your criminal record. Whether it continues to be disclosed can depend on the outcome and the spent convictions scheme, including the crime-free period and statutory exceptions. If avoiding a conviction is realistically available, your approach to plea, evidence, and mitigation becomes critical.

What Is Affray Vs Assault?

Affray and assault are often confused because they can arise from the same incident. The core legal distinction is what each offence is designed to punish.

• Affray is primarily a public order offence. It focuses on unlawful violence or threats that would cause fear to an ordinary bystander if present.
• Assault is primarily victim-focused. It centres on unlawful force (or threats) against a particular person.

Affray vs assault comparison

A person can be charged with one, the other, or both depending on what police allege and what can be proved.

Difference Between Simple Affray And Aggravated Affray

People often describe “simple” versus “aggravated” affray to separate lower-range conduct from higher-range conduct. In NSW, seriousness is typically expressed through the facts, the court pathway, and whether additional charges are laid. What makes an affray more “aggravated” in practice includes weapon use or threats, kicking or stomping (especially to the head), group violence, high-risk public settings, and repeat offending or offending while on bail.

Even without a formal “aggravated affray” label, those features increase objective seriousness and raise the likelihood of full-time custody.

How Is Affray Different From Other Public Order Offences?

Affray sits within a broader public order framework. Different offences exist because disorder ranges from low-level disruption to serious group violence. Affray is generally more serious than minor disorder offences because it involves violence or threats, but it is not the same as riot-style offences, which usually involve larger groups and wider disorder.

Public order offence definitions