Public Order Offences – VIC

Welcome to the VIC Affray article page. Everything you need to know about Affray according to VIC law.

What the Law States according to VIC Law for Affray

According to VIC Law for the charge of 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.

The Maximum Penalty – Affray

According to VIC Law for the charge of Affray, the maximum penalty for this offence is 5 years.

What the Police must prove according to VIC Law for Affray

(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.

Possible Defences under VIC Law – 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

In VIC which court will hear the matter – Affray

Magistrates’ Court

Street Names for Affray

Public fighting, Fighting in public, brawling, brawl in public, assault in company, rioting

 

Date: 09/01/2009