The definition of Affray is defined under Section 267A of the Penal Code:
Section 267A of the Penal Code
“Where 2 or more persons disturb the public peace by fighting in a public place, they are said to “commit an affray”.”
The offence of Affray usually consists of a scuffle or tussle between 2 or more persons with the consequences of affecting public peace and tranquillity. The constant exchange of tugging of shirts and shoving of shoulders is effectively an offence of Affray. If found committing affray, you are subjected to arrest without warrant and be charged under Section 267A.
Penalties for Affray can be found under Section 267B of the Penal Code:
Section 267B
“Whoever commits an affray shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to $5,000, or with both.”
One of the most common cases Affray arises from Road Rage incidents, where road users lose their temper and result to violence. More often than not, offenders are unable to escape imprisonment. Such deterrence are put in place to highly discourage acts of violence arising from displeasure of road use.
In the case of Public Prosecutor v Soh Beng Chuan [2006] SGMC 10, accused as sentenced to 2 weeks’ imprisonment for wounding a fellow road user when the latter unknowingly turned into a one-way road. This caused displeasure and frustration to the accused; both got down from their vehicles and exchanged blows, disturbing the public peace.
