Affray Flashcards
1
Q
Outline the elements of
s195H Affray
CRIMES ACT 1958
A
- Acc used or threatened unlawful violence; and
- Acc use or threat of violence was [intentional / reckless]; and
- Acc conduct would cause a person of reasonable firmness present at the scene to be terrified.
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.
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.