Affray under section 93C of the Crimes Act 1900 carries up to 10 years' imprisonment, and can be charged even where no one was actually injured.
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Affray under section 93C of the Crimes Act 1900(NSW) carries a maximum penalty of 10 years' imprisonment, though most matters are dealt with in the Local Court, where the available sentence is capped well below that maximum, unless the prosecution or defence elects to have the matter heard in the District Court. The charge requires proof that you used or threatened unlawful violence in a way that would cause a person of reasonable firmness to fear for their safety, whether or not anyone was actually hurt.
Section 93C of the Crimes Act 1900 (NSW) makes it an offence to use or threaten unlawful violence towards another person in a way that would cause a hypothetical bystander of reasonable firmness to fear for their personal safety. Unlike assault, affray is a public order offence — it protects the peace of the community, not just a particular victim.
This distinction matters in practice. A prosecution can succeed even where the alleged victim never gives evidence, doesn't want the matter pursued, or was themselves an active participant in the confrontation, because the offence is assessed by reference to the effect the conduct would have on an independent onlooker rather than on the parties involved.
Affray charges are laid constantly out of nightclub and pub altercations, brawls between groups outside sporting events, and confrontations that escalate quickly in a crowd. Because the test looks at the effect the conduct would have on a hypothetical onlooker, rather than requiring a specific, identifiable victim, police can charge everyone who actively participated in a multi-person incident, not just the person who threw the first punch.
A person is guilty of affray if the person uses or threatens unlawful violence towards another and the conduct is such as would cause a person of reasonable firmness present at the scene to fear for his or her personal safety.
— Section 93C, Crimes Act 1900 (NSW)
Because affray protects the public peace rather than a particular individual, there doesn't need to be an identifiable victim who gives evidence for the charge to succeed — CCTV footage, security guard observations, and the accounts of uninvolved bystanders are often what the prosecution relies on most heavily. This is why footage-heavy incidents outside licensed venues and at large events make up such a significant share of affray prosecutions in Sydney.
Facing a different public order charge, such as riot or offensive conduct? See our public order offence lawyers Sydney page.
| Circumstance | Maximum Penalty | Court | Typical Outcome |
|---|---|---|---|
| Dealt with summarily | 2 years imprisonment / 100 penalty units (Local Court cap) | Local Court | Fine, bond, CRO or Section 10 for a first, lower-level incident |
| Dealt with on indictment (elected) | 10 years imprisonment | District Court | Reserved for more serious, sustained or weapon-involved incidents |
| Aggravating factors present | Up to 10 years imprisonment | District Court | Weapon displayed, multiple participants, or injury caused increases sentencing exposure |
Whether your matter stays in the Local Court or proceeds to the District Court materially changes your sentencing exposure, so this election is a key early decision. The number of people involved, whether a weapon was displayed, and whether anyone suffered injury are all factors a court and the prosecution weigh heavily when deciding how a matter should be dealt with.
Affray matters are often built from fragmented, multi-angle footage of a chaotic scene, which leaves real scope to challenge exactly what each person did. Our lawyers scrutinise the prosecution's evidence to establish valid legal defences, which may include:
If you were responding to an attack and your actions were a reasonable response to the threat as you perceived it, self-defence can apply just as it would to an assault charge. This is especially relevant in fast-moving group incidents where it's unclear who instigated the confrontation.
Where the alleged threat consisted only of words, without any accompanying physical action, the legal test for affray is not met. CCTV and witness accounts are often decisive on this point.
Simply being present at, or near, a violent incident is not enough. The prosecution must prove you personally used or threatened violence, not just that you were part of a crowd or standing nearby when it happened.
Where you were compelled to act by a genuine, immediate threat to your own safety, duress may be available, though it is applied narrowly and requires there to have been no safer option.
Where your affray matter ultimately lands — Local Court or District Court — depends on decisions made early in the process, so it pays to have experienced representation from your very first appearance.
You are charged and bailed by police, or issued a Court Attendance Notice requiring you to appear at a Local Court on a set date, and any co-accused may face separate or joint proceedings.
At your first appearance, the prosecution or defence can elect to have the matter dealt with in the District Court instead of summarily in the Local Court, a decision with real consequences for sentencing exposure.
Your lawyer reviews CCTV, witness statements and any available footage, and can negotiate with prosecutors to have the charge downgraded or withdrawn where the evidence is weak.
Local Court matters proceed to a defended hearing if contested. Elected or strictly indictable matters are committed to the District Court for trial before a judge, with or without a jury.
A Magistrate or District Court judge delivers a verdict or sentence, ranging from a Section 10 dismissal through to imprisonment for the most serious incidents involving weapons or injury.
Affray charges often arise from group incidents where several people are charged from the same footage, and untangling exactly what you did — as opposed to what happened around you — takes careful, detailed work. We bring that level of scrutiny to every affray matter we handle.
We advise on whether it's in your interests to stay in the Local Court or elect the District Court, based on the strength of the evidence against you and the sentencing options available in each.
We scrutinise footage and witness accounts of fast-moving, multi-person incidents for inconsistencies, and identify who actually engaged in the alleged violence.
We provide transparent, fixed-fee structures for affray pleas and hearings wherever possible, so you always know the cost of your defence.
Charged after a night out or a weekend incident? We are always available for urgent advice, including police station attendance.
Also charged with a direct assault arising from the same incident? See our assault lawyers Sydney page, or learn more about our firm on our About page.
Author: Muhammad Siddique, Criminal Defence Lawyer | Reviewed by: NS Criminal Lawyers and Associates | Last reviewed: July 2026 | Jurisdiction: New South Wales
The information on this website is general information only and is not legal advice. You should obtain legal advice about your specific circumstances.
