35AAffray

35A Affray (d) the violence or threat would be likely to cause a reasonable person to fear for his or her safety. (2) A person commits an offence if— (d) 2 or more other people present are also engaging in conduct that is violence, or the threat of violence, directed towards someone else; and (e) the conduct of the person and the other people taken together would be likely to cause a reasonable person to fear for their safety. (d) 5 or more other people present are also engaging in conduct that is violence, or the threat of violence, directed towards someone else; and (e) the conduct of the person and the other people taken together would be likely to cause a reasonable person to fear for their safety. (4) For an offence against this section— (a) the violence or the threat of violence— (i) must involve more than words; and (ii) need not be carried out in common purpose with any other (b) a person towards whom the violence or threat of violence is directed does not need to be involved in the violence or threat; and (c) a reasonable person does not need to be, or be likely to be, present at the place where the conduct happened; and (d) a person does not need to have actually feared for their safety. engage in conduct—see the Criminal Code, section 13. 35AA Affray—alternative verdicts section 35A (2) or (3), the trier of fact is not satisfied that the defendant committed the offence but is satisfied beyond reasonable doubt that the defendant committed another offence against section 35A carrying a lesser penalty than the offence charged. that finding of guilt.