A person commits the offence of affray if they use, or threaten to use, unlawful violence towards another and their conduct would cause a person of reasonable firmness present at the scene to fear for their personal safety. Affray may be committed in a private or public place.
AFFRAY DEFENCE LAWYERS
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Minor indictable offence
Magistrates Court of South Australia
Maximum penalty of 3-5 years imprisonment
Affray Key Facts
| Offence | Using or threatening unlawful violence towards another person, causing fear to others present; defined under Section 6B of the Criminal Law Consolidation Act 1935 (SA). |
| Maximum Penalty | The maximum penalty for a basic offence is 3 years imprisonment. The maximum penalty for an aggravated offence is 5 years imprisonment. |
| Typical Sentence | Sentences vary; may include a fine, good behaviour bond, or imprisonment for more serious or aggravated circumstances. |
| Which Court? | Usually heard in the Magistrates Court; more serious cases can be referred to the District Court. |
| Process Timeline | Arrest → Police Interview → Bail Consideration → Hearing in Magistrates Court → Sentencing if found guilty. (Average: 6-12 months) |
| Possible Defences | 1. Self Defence - Showing the accused was defending themselves or another person. 2. Lack of Unlawful Violence - Proving there was no threat or use of unlawful violence. 3. Duress - Demonstrating the accused was forced to act due to threats to their safety. |
Affray Case Scenarios
Below are examples of how affray offences may be charged and sentenced in South Australia. These examples are not indicative of a specific outcome and are for informational purposes only.
Low-Level Offence
Mid-Level Offence
High-Level Offence
Low-Level Offence
Scenario:
A 25 year old individual became involved in a heated argument with another individual outside a pub. While no physical violence occurred, the individual raised his fists and lunged forward in a manner that caused bystanders to step back in fear. Police were called by a witness who felt unsafe.
What to expect:
The court accepted that the offence was spontaneous, non-injurious and lacked actual physical violence. The individual received a $600 fine and a 12-month good behaviour bond, with no conviction recorded, based on their young age and lack of criminal history.
Mid-Level Offence
Scenario:
Two men engaged in a physical fight outside a pub after a verbal dispute escalated. Punches were thrown, and members of the public fled the scene in fear. One passerby was nearly struck and later told police she feared serious harm during the brawl.
What to expect:
The defendant pleaded guilty but provided evidence of provocation and prior good character. The court imposed a 3-month suspended sentence with a 2-year good behaviour bond supervised by corrections.
High-Level Offence
Scenario:
An individual pulls out a knife during a street fight, threatening multiple people and causing serious injuries, leading to widespread panic among the public.
What to expect:
Due to the severity, including the use of a weapon and serious injuries caused, the court is likely to impose a lengthy custodial sentence, potentially approaching the maximum penalty of 5 years imprisonment.
Disclaimer: The examples above are provided for informational purposes only and do not guarantee a specific result in your matter. Sentencing decisions can vary significantly depending on individual circumstances, including the severity of the offence, intent, prior criminal history and other legal factors. For case-specific advice, get in touch with one of our expert criminal lawyers.
Our Results For Similar Offences
To view our past case results, please click the links below:
Disorderly Behaviour, Refuse to Leave Licensed Premises, Resist Arrest
Disorderly Behaviour, Refuse to Leave Licensed Premises, Resist Arrest
Disorderly Conduct, Hinder Police, Refuse to Leave Licensed Premises
Disorderly Conduct, Hinder Police, Refuse to Leave Licensed Premises
Disobey Reasonable Direction
Disobey Reasonable Direction
Resist Arrest, Offensive Language
Resist Arrest, Offensive Language
Affray FAQ’s
If you need more information about affray or other assault and violence offences in South Australia, these FAQs answer the most common questions.
What makes an affray offence 'aggravated'?
An offence becomes aggravated if certain aggravating circumstances exist such as:
- deliberately and systematically inflicted severe pain on the victim;
- used, or threatened to use, an offensive weapon;
- committed the offence against a police or prison officer;
- tried to dissuade a victim from participating in legal proceedings;
- knew the victim was under 12 years of age;
- knew the victim was over 60 years of age;
- committed the offence against a former spouse/partner;
- committed the offence against your child or a child of your former spouse/partner;
- committed the offence in company with another person;
- abused a position of trust or authority;
- committed the offence against a disabled person;
- committed the offence against a person who was vulnerable because of their employment; or
- committed the offence in contravention of a court order (e.g., a bail agreement or restraining order).
What must the prosecution prove for an affray charge?
The prosecution must prove that:
- you used violence, or threatened to use violence, against a person;
- you intended to use violence or threaten violence, or you were aware that your conduct may be violent or threatening violence;
- your conduct was voluntary;
- the violence used or threatened to be used was unlawful;
- the conduct was such that it would have caused a person of reasonable firmness present at the scene to fear for their personal safety.
Can one person commit affray, or does it require a group?
Yes, a single person can commit affray. However, if multiple people are involved, their conduct is considered collectively when assessing the fear it would cause to a bystander (section 83C(2)).
Does affray require someone to actually be present and feel fear?
No. A person of reasonable firmness does not need to be present for the offence to be committed. It’s a legal test — if someone had been there, would they have feared for their safety? (section 83C(4))
Can affray be committed in a private place?
Yes. Affray may occur in both public and private places under section 83C(5). For example, a violent incident in a private residence can still lead to an affray charge.
Is affray considered a violent offence in South Australia?
Although classified as a public order offence, affray involves actual or threatened unlawful violence, making it a serious offence that often overlaps with assault or threats to cause harm.
Does an affray conviction go on your criminal record?
Yes. A conviction for affray is recorded as a disclosable court outcome and will appear on a Nationally Coordinated Criminal History Check unless spent.
Is affray treated differently in other Australian states?
In New South Wales, affray is governed by section 93C of the Crimes Act 1900 (NSW), with a maximum of 10 years’ imprisonment. South Australia’s penalties are lower (3-5 years), but the offence still carries serious consequences and is often charged alongside assault or disorder-related offences.
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