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Written by
Greg Barns
Criminal Defence Lawyer


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Public Order Offences - TAS
Welcome to the TAS Affray article page. Everything you need to know about Affray according to TAS law - Dated: 09/01/2009

What the Law States according to TAS Law for Affray
According to TAS Law for the charge of Affray,

Criminal Code Act 1924 SECT 80

80. Affray

(1) An affray is the fighting of 2 or more persons in any public place to the terror of His Majesty's subjects.

(2) Every person who takes part in an affray is guilty of a crime.

Charge: Taking part in an affray.

The Maximum Penalty - Affray
According to TAS Law for the charge of Affray,

The maximum term of imprisonment is 21 years, or fine, or by both such punishments, and will be determined by the judge as he/she thinks fit in the circumstances of each particular case.

What the Police must prove according to TAS Law for Affray

(a) the accused is correctly identified as the offender

(b) The accused was involved in a fight or unlawful violence

(c) The fighting or violence was such that a bystander of reasonable firmness and courage might reasonably be expected to be terrified

Possible Defences under TAS 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 TAS which court will hear the matter - Affray
Supreme Court
n/a