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Written by
Bill Doogue
Criminal Defence Lawyer


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

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 the offence of Affray 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.

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