7.4.21.2 - Checklist: Affray

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Three elements the prosecution must prove beyond reasonable doubt:

1. The accused used or threatened unlawful violence; and

2. The accused’s conduct was intentional or reckless; and

3. The accused’s conduct would cause a person of reasonable firmness present at the scene to be terrified.

Use or threaten unlawful violence

1. Did the accused use or threaten unlawful violence?

If yes, then go to 2

If no, then the accused is not guilty of affray

State of Mind

2. Was the accused’s conduct [intentional / reckless]?

[Consider – Reckless means aware that it was probable that the conduct involved unlawful violence]

If yes, then go to 3

If no, then the accused is not guilty of affray

Person of reasonable firmness would be terrified

3. Would the accused’s conduct have caused a person of reasonable firmness present at the scene to be terrified?

If yes, then the accused is guilty of affray (as long as you also answered yes to questions 1 and 2)

If no, then the accused is not guilty of affray

Last updated: 17 April 2019

See Also

7.4.22 - Affray

7.4.22.1 - Charge: Affray

7.4.22.3 - Charge: Affray with face covering

7.4.22.4 - Checklist: Affray with face covering