Affray Charges in Singapore — Penalties, Case Examples & How the Courts Decide

If a fight breaks out in public, even a brief shoving match, the law treats it seriously. Many people are surprised to learn that a simple scuffle may lead to an arrest without a warrant and may lead to an imprisonment term.

Below, our criminal defence team explains how affray is defined under Singapore law, what the possible punishments may be, what the courts look at during sentencing, and what you should do if you are being investigated or charged.

What Is “Affray” Under Singapore Law?

Section 267A of the Penal Code 1871 defines “Affray” as:

“Where 2 or more persons disturb the public peace by fighting in a public place, they are said to commit an affray.”

Affray typically involves:

• A physical fight, scuffle or tussle
• Occurring in a public place
• That disturbs public peace and order

Common examples include:

• Shoving or pushing
• Fist fight
• Grabbing someone’s shirt
• A heated argument escalating into a brawl
• Retaliation after provocation

Even minor injuries or no injuries can still result in an affray charge, as the offence is premised on the disturbance of public peace, not injury.

Arrest Powers for Affray

Affray is an arrestable offence, meaning police may arrest you without a warrant if they reasonably suspect your involvement in the fight.

Penalties for Affray

Under Section 267B of the Penal Code 1871, the punishment for Affray is:

• Up to 1 year’s imprisonment, or
• Fine up to $5,000, or
• Both

Penalties rise sharply if the case involves injuries, weapons, intoxication, or past similar behaviour.

How Do Courts Decide on the Sentence?

The High Court in Public Prosecutor v Goh Jun Hao Jeremy set out two main considerations:

Harm Caused

Courts assess:

• Severity of injuries
• Impact on public order such as crowd panic, obstruction, police involvement

Culpability of the Offender

Courts consider:

• Who started the fight
• Whether the attack was sudden, repeated, or targeted
• Use of weapons
• Degree of intentional aggression
• Injury caused directly by the accused

Additional Factors

• Prior antecedents
• Remorse
• Cooperation with investigations
• Alcohol involvement
• Counselling or rehabilitation undertaken

Case Study: PP v GJHJ

A disagreement outside a nightspot escalated into violence.

Key facts:

• The offender ran up to the other man and punched and kicked him
• The victim suffered a nasal bone fracture and other minor injuries
• Goh had previous similar conduct
• He showed remorse and pleaded early

Sentence:

Two weeks’ imprisonment

The Court emphasised that even brief fights in public can result in jail time, especially where there are injuries and aggressive behaviours.

When Does Affray Lead to a Fine vs. Jail?

A fine is more likely when:

• Injuries are minor or non-existent
• Offender did not start the fight
• No weapons involved
• Minimal public disruption
• No prior criminal record
• Genuine remorse

Jail is more likely when:

• Victim suffers serious injury, such as fractures
• Offender initiated or escalated the fight
• Weapons involved
• Prior antecedents
• Occurred in a crowded public place
• Alcohol-fuelled aggression

Police Interview

If the Police accuse you of involvement in an affray, they will often conduct an interview on the spot. By this stage, they may already have:

• CCTV footage
• Witness statements
• Body-worn camera evidence

The Police sometimes form their preliminary view before speaking to you.

Our team of criminal defence lawyers can guide you on your rights, the risks, and how to conduct yourself. Speaking to us before answering questions may prevent unintentional self-incrimination.

Claiming Trial

If you intend to contest the affray charge, we will guide you through each step and develop a defence that addresses the key issues in your case. Our team is well-versed in trials and contested hearings.

Key defence questions include:

• Who are the key witnesses?
• Are there objective evidence such as CCTV footage or photos?
• Was there provocation?
• Are witness accounts inconsistent?
• Did the other party initiate or escalate the incident?
• Was there even public disturbance or is it overstated?

A structured defence can significantly alter the outcome.

Pleading Guilty

If you have decided to plead guilty, having proper guidance and a well-prepared mitigation strategy can make a significant difference to the outcome of your case.

Our criminal defence team consists of sharp and meticulous defence lawyers who bring prosecutorial insight, decades of courtroom experience, and strong legal research capabilities, giving clients a comprehensive and well-balanced defence.

We assist clients in achieving the best possible sentencing outcome, including:

• Preparing strong mitigation
• Gathering supporting documents
• Clarifying context and background
• Arguing against unsupported aggravating factors
• Presenting a clear and credible account to the Court

Facing an Affray Charge? Speak to Us Early.

If you or someone you care about is being investigated for affray, early legal guidance makes a significant difference.

Ms Gloria James and the criminal defence team at GJC Law assist clients facing:

• Affray charges
• Unlawful assembly
• Causing hurt offences
• Public order and nightspot-related incidents
• Youth and first-time offender matters

We frequently represent expatriates, and where necessary, work with their respective embassies to provide clarity and support throughout the process.

We take a sharp and strategic approach, helping clients understand the process, prepare correctly, and present their case in the most balanced and credible way.

Contact us for a confidential consultation. Your case deserves careful handling from the earliest stage.