Affray Flashcards

1
Q

Outline the elements of

s195H Affray

CRIMES ACT 1958

A
  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.
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2
Q

What level imprisonment is an accused liable

when found guilty for this offence

CRIMES ACT 1958 - SECT 195H Affray

A

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.

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3
Q

How is Affray committed and what must be invovled

CRIMES ACT 1958 - SECT 195H Affray

A

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.
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