The maximum penalty for the offence of affray is 10 years in prison.
However, it is important to bear in mind this is the most severe penalty that can be imposed, and the court will take into account a wide range of factors when determining the appropriate penalty in your particular case.
These factors include whether you pleaded guilty or were found guilty after a hearing or trial, your criminal history (or lack thereof), your remorse as can be demonstrated through character references and/or a letter of apology, the likelihood that you will reoffend as can be shown through any courses or programs you have undertaken since the date of the offence and the seriousness of the particular conduct itself, to name a few.
According to the Judicial Commission of New South Wales, the penalties imposed for the offence are:
In the Local Courts
Affray – section 93C(1)
| Penalty type | Number of cases | Percent of cases |
| Section 10(1)(a) Dismissal | 50 | 0.9% |
| Section 10(1)(c) Discharge | 0 | 0% |
| Conditional Release Order Without Conviction | 775 | 14.7% |
| Section 10A Conviction with No Other Penalty | 20 | 0.4% |
| Fine Only | 715 | 13.5% |
| Conditional Release Order with Conviction | 248 | 4.7% |
| Community Correction Order | 2214 | 41.9% |
| Intensive Correction Order | 642 | 12.2% |
| Imprisonment | 619 | 11.7% |
The average full term prison sentence imposed for the offence is 1 year and the average non-parole period (the minimum term in prison) is 7 months.
In the Higher Courts
Affray – committed on or after 15/12/2005 – section 93C(1)
| Penalty type | Number of cases | Percent of cases |
| Children’s Court Penalties | 1 | 1.2% |
| Section 10(1)(a) Dismissal | 1 | 1.2% |
| Section 10(1)(b)&(c) Discharge | 0 | 0% |
| Conditional Release Order Without Conviction | 3 | 3.7% |
| Section 10A Conviction with No Other Penalty | 0 | 0% |
| Fine Only | 0 | 0% |
| Conditional Release Order with Conviction | 2 | 2.5% |
| Community Correction Order | 16 | 19.8% |
| Intensive Correction Order | 10 | 12.3% |
| Imprisonment | 48 | 59.3% |
The average full term prison sentence imposed for the offence is 2 years and the average non-parole period (the minimum term in prison) is 1 year.
Affray – committed before 15/12/2005 – section 93C(1)
| Penalty type | Number of cases | Percent of cases |
| Children’s Court Penalties | 1 | 20% |
| Section 10(1)(a) Dismissal | 0 | 0% |
| Conditional Release Order Without Conviction | 0 | 0% |
| Section 9 Bond | 1 | 20% |
| Fine Only | 0 | 0% |
| Section 12 Suspended Sentence (repealed penalty) | 3 | 60% |
| Community Correction Order | 0 | 0% |
| Intensive Correction Order | 0 | 0% |
| Imprisonment | 0 | 0% |
The average full term prison sentence imposed for the offence is 0 years and the average non-parole period (the minimum term in prison) is 0 years.
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