Activist Rights


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Affray is both a statutory and common law offence.

In both cases, the prosecution must prove that there was fighting or violence used by one or more people against another or other people, or an unlawful display of force, and this might cause a reasonable bystander to be terrified.

The statutory offence attracts a 5 year maximum prison sentence, or 7 years if the person is wearing face concealment and the purpose of the concealment is to hide their identity or prevent the person being impacted by crowd control substances: section 195H Crimes Act 1958 (Vic).

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