Affray and Riot Offences

What Is an Affray?

Under section 93C of the Crimes Act 1900 (NSW), an affray offence occurs when a person:

• Uses or threatens unlawful violence towards another person,
  

• Acts in a way that would cause a person of reasonable firmness to fear for their personal safety, and
  

• Does so without a lawful excuse. 
  

Both physical violence and threatening conduct — such as aggressive gestures or actions captured on CCTV — can satisfy this offence. Importantly, the presence of an actual bystander isn’t required; it’s the hypothetical impact on a person of reasonable firmness that matters. 

What Is a Riot?

A riot charge under section 93B of the Crimes Act 1900 (NSW) involves:

For a First Offence:

• 12 or more people present together, and
  

• A common purpose to use or threaten unlawful violence,
  

• Where the group’s conduct would cause a person of reasonable firmness to fear for their safety. 
  

Riot is one of the most serious public order offences in NSW. It applies where a collective group’s conduct — whether in protest, public disturbance or violent clash — creates fear and disorder. 

Penalties for Affray & Riot

Penalties for these offences depend on the facts of the case and whether the matter is heard in the Local Court or District Court:

Affray Penalties:

• Local Court: up to 2 years’ imprisonment and/or fines.
  

• District Court: up to 10 years’ imprisonment. 
  

Riot Penalties:

• Local Court: up to 2 years’ imprisonment and/or fines.
  

• District Court: up to 15 years’ imprisonment. 
  

Courts consider aggravating and mitigating factors including harm caused, weapons used, prior criminal history and whether the conduct involved serious violence. 

Why You Need Experienced Defence

Being charged with affray or riot can have life-changing consequences, including significant jail time and a criminal record. Our experienced criminal defence lawyers at ADADA Legal will:

• Assess the evidence against you,
  

• Identify defences you may be able to raise,
  

• Negotiate to have charges reduced or dismissed, and
  

• Provide strategic representation at court hearings.
  

Whether you are facing police interview, bail hearings or trial, we guide you every step of the way.

Affray and Riot Frequently Asked Questions

What must the prosecution prove to secure a conviction for affray?

To secure a conviction, the prosecution must show you used or threatened unlawful violence, intended that conduct or were aware of the risk, and that your actions would have caused a person of reasonable firmness to fear for their safety.

Can affray be committed in private?

Yes. Affray can occur in both public and private places, including homes, if the conduct meets the legal test.

How is riot different from affray?

Riot requires 12 or more people acting together for a common purpose involving unlawful violence, whereas affray can involve just two or more people. The requirement for a common shared intent distinguishes riot from affray. 

What penalties could I face if convicted?

Penalties range depending on the offence and court jurisdiction. Affray can attract up to 10 years’ imprisonment, and riot can attract up to 15 years’ imprisonment in the District Court.

Can the charge against me be reduced or dismissed?

In many cases, experienced criminal lawyers can negotiate with prosecutors to reduce charges or have them dismissed, especially where evidence is weak or defences (such as self-defence or duress) are available. Our team will explore all options for your case.