Editing Affray (section)

==Australia==
In [[New South Wales]], section 93C of [[Crimes Act 1900]] defines that a person will be guilty of affray if he or she threatens unlawful violence towards another and his or her conduct is such as would cause a person of reasonable firmness present at the scene to fear for his or her personal safety.<ref>See also Colosimo and Ors v Director of Public Prosecutions (NSW) [2005] NSWSC 854 (25 August 2005) [http://www.austlii.edu.au/au/cases/nsw/NSWSC/2005/854.html AustLII]</ref> A person will only be guilty of affray if the person intends to use or threaten violence or is aware that his or her conduct may be violent or threaten violence.<ref>Crimes Act 1900 (NSW) s 93D(2) [http://www.austlii.edu.au/au/legis/nsw/consol_act/ca190082/s93d.html AustLII]</ref> The maximum penalty for an offence of affray contrary to section 93C is a period of imprisonment of 10 years.<ref>Crimes Act 1900 (NSW) s 93C(1) [http://www.austlii.edu.au/au/legis/nsw/consol_act/ca190082/s93c.html AustLII]</ref>

In [[Queensland]], section 72 of the Criminal Code of 1899<ref>Schedule 1 to the [[Criminal Code Act 1899]] (Qld)</ref> defines affray as taking part in a fight in a public [[highway]] or taking part in a fight of such a nature as to alarm the public in any other place to which the public have access.  This definition is taken from that in the English [[Criminal Code]] Bill of 1880, cl. 96.  Section 72 says "Any person who takes part in a fight in a public place, or takes part in a fight of such a nature as to alarm the public in any other place to which the public have access, commits a misdemeanour. Maximum penalty—1 year’s imprisonment."<ref>[http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/C/CriminCode.pdf "Criminal Code Act 1899"], retrieved 22 July 2009 from the website of the Office of the Queensland Parliamentary Counsel</ref>

In [[Victoria (state)|Victoria]], Affray was a common law offence until 2017, when it was abolished and was replaced with the statutory offence that can be found under section 195H of the Crimes Act 1958 (Vic). The section defines Affray as the use or threat of unlawful violence by a person in a manner that would cause a person of reasonable firmness present at the scene to be terrified. However, a person who commits this conduct may only be found guilty of Affray if the use or threat of violence was intended, or if the person was reckless as to whether the conduct involves the use or threat of violence. If found guilty, the maximum penalty that may be imposed for Affray is imprisonment for 5 years or, if at the time of committing the offence the person was wearing a face covering used primarily to conceal their identity or to protect them from the effects of crowd-controlling substances, imprisonment for 7 years.<ref>[https://classic.austlii.edu.au/au/legis/vic/consol_act/ca195882/s195h.html "Crimes Act 1958 - Section 195H"]. ''AustLII.'' AustLII. Retrieved April 9, 2024.</ref>