Affray

Question 1

Outline the elements of

s195H Affray

CRIMES ACT 1958

Answer 1

1. Acc used or threatened unlawful violence; and
2. Acc use or threat of violence was [intentional / reckless]; and
3. Acc conduct would cause a person of reasonable firmness present at the scene to be terrified.

Question 2

What level imprisonment is an accused liable

when found guilty for this offence

CRIMES ACT 1958 - SECT 195H Affray

Answer 2

and is liable to—

(a) level 6 imprisonment (5 years maximum); or
(b) imprisonment for 7 years if, at the time of committing the offence, the person is

wearing a face covering used primarily—

(i) to conceal the person’s identity; or
(ii) to protect the person from the effects of a crowd-controlling substance.

Question 3

How is Affray committed and what must be invovled

CRIMES ACT 1958 - SECT 195H Affray

Answer 3

Committed by

• Acc used/threatened violence or
• Acc is reckless as to whether the person’s conduct involves the use of violence or threatens violence.

Involves

• Threat or use of violence must involve more than words alone.

Where

• in private as well as public places; and
• whether or not a person of reasonable firmness is present at the scene.