Affray Flashcards
What is Affray and what section is it contained?
Affrays is contained in section 3 of The Public Order Act 1986.
A person is guilty of Affray if they use or threatens unlawful violence towards another and his conduct is of such that would of caused a person of reasonable firmness present at the scene to fear for his safety.
What type of offence is Affray and what sentence does it carry
Affray is an either way offence.
Max 6 Months in Magistrates
Max 3 year in the Crown Court
What are the 3 elements of the Actus Reus of affray
- The defendant must use or threaten violence
- This use or threat must be towards another person
- It must be such that it would cause a third party of reasonable firmness to fear for their safety
Who must be placed in fear for affray to suffice
It is important to note that the actual recipient of the threat or violence is not the one who was place in fear.
it must be such that a bystander who happened to see the event would have such fear.
What would amount to a use or threat of violence
The use or threat of violence cannot be by words alone, there must be some actions to back this up.
An aggressive tone of voice would not be enough Rv Robinson 1993.
What happens if Affray is committed by more than one person
Affray can be committed by one person acting alone however if more than one person is involved then it is the conduct of them all which is assessed
What defences are available for Affray
Self defences and the other defences identified in Common assault.
for example genuine mistake of fact, original aggressor, landing the first blow, reasonable chaistment, defence of another
Who must the violence be directed at?
The violence must be directed at another person, this means that if violence is directed at a property then it cannot consitute an affray.
The person towards whom the violence is directed at must be at the scene I v DPP 2001
R v Plavecz 2002
If a fight is confined to just the participants then no affray will be committed .
The act is designed to protect third parties rather than those involved in violence
What is the test for affray
Whether a person of reasonable firmness would would have feared for his personal safety after seeing the defendants conduct towards the victim
It is important to note that this is a hypothetical test to establish whether the violence used amounted to affray.
The Mens Rea of Affray
The defendant must intend to use or threaten violence, or must be aware that his conduct may be violent or threaten violence.
Therefore either an intention or subjective recklessness must be proved.
it is not sufficient that the ordinary person would have realised their behaviour would have bee perceived as threatening. It is the defendant himself must have realised this
