Affray

Question 1

What is affray?

Answer 1

Affray is an offence of using or threatening to use violence that can be committed by one or more persons.

Question 2

Define an affray offence

Answer 2

A person is guilty of affray if they use or threaten to use violence towards another person and their conduct is such as would cause a person of reasonable firmness present at the scene to fear for their personal safety.

Question 3

How many parties are involved in affray and what are they?

Answer 3

1. The individual making threats
2. The person subject of the treats
3. The bystander of reasonable firmness who does not need to be physically present as long as evidence is available to prove that such a person would be affected

Question 4

What is the purpose of affray as an offence

Answer 4

Affray prevents incident of public disorder, the threat of violence needs to be capable of affecting others, the objective is to protect the general public and not the participants.

Other offences exist e.g common assault to deal with a situation where no one else is involved.

Question 5

Threat wrt affray cannot be just words alone. Provide examples of what else could be used in addition

Answer 5

Examples

Moving towards the victim

Gesturing with a clenched fist

Waving a knife

Threatening to set a dog on the victim and releasing the leash