Affray Flashcards
what is Affray
affra is a serious public order offence
Offences against pubic order start at the lowest level of seriousness
Eg drunk/ disorderly in public
It’s not an offence to simply be drunk in a public space but it can be when you start affecting law abiding passers by
Affecting others in public offensive are of escalating severity
Lesser public order offence
Using threatening or abusive words behaviour, sign or representation
In public or private places that can be seen from the outside
Intending to be threatening of abusive
Or aware that it might be threatening or abusive
Within the sight of or hearing of a person likely to be caused
Harassment aroma or distress
More serious public order offence
Harassment, alarm or distress
With in the intent it cause harassment alarm distress
With the intent it provoke or cause person to fear immediate lawful violence
There’s offensive are more serious when accompanied by racial or religious hostility
Affray is a more serious public order offence
Using or threatening
Unlawful violence
Toward another
And there conduct is such that a person of reasonable firmness present a scene
Would fear for there personal safety
Affray
The treat can not br by words alone
Buts must have some other demonstration of it
The caused must either
Intend to use or threaten unlawful violence
Or be aware that their conduct may have that effect
The offence does not include a threat only to property
It may be committed in private if there is some responsibility of there being the hypothetical bystander ie some one could be affected
Affray
Who must be present
The offence must be committed by one person
Where two or more are together committed the offence, their conduct will be aggregated ie considered in the context of what they were al doing
A victim must be present ie the person against whom the use or threat of unlawful violence is being made
Affray the hypothetical bystander
The Test is objective
Had there being some one present who was of reasonable firmness, would they have been put in fear for their personal safety
Even though they were not the one being targeted by the use or threat of unlawful violence
