Our experienced criminal law solicitors have prepared a brief overview of the law relating to affray.
If you or someone you care about is facing a charge of affray, you need specific advice and should contact Gatenby Criminal Lawyers on 55800120 for advice.
For more information on other criminal charges, visit our Criminal Law homepage.
Affray – The Law
Section 72 of the Criminal Code of Queensland creates the offence of affray.
The section provides:
Any person who takes part in a fight in a public place, or takes part in a fight of such a nature as to alarm the public in any other place to which the public have access, commits a misdemeanour.
Elements of the offence
To be found guilty of the offence of Affray, the prosecution is required to prove, beyond a reasonable doubt, the following elements:
- The accused took part in a fight;
- The fight was in a public place;
- The fight was likely to alarm the public.
The maximum penalty for the an allegation of affray is one years imprisonment.
Jurisdiction – Where will the matter be heard
The offence of affray is an indictable offence.
The charge will initially be commenced in the Magistrates Court, and will ultimately proceed on Indictment and be finalised in the District Court of Queensland.
Conviction – Does a conviction have to be recorded?
The sentencing Court has a discretion whether or not to record a conviction against you for the offence of Affray. Generally a conviction would be recorded for this type of offence, although one is not inevitable. The relevant factors are set out in section 12 of the Penalties and Sentences Act 1992. If you are concerned about a conviction being recorded, you should seek legal advice.
For legal advice specific to your matter, you should immediately contact Gatenby Criminal Lawyers on (07) 5580 0120.