- in Australia
Police Charge Two Men Over Wollongong Nightclub Brawl
Detectives from the NSW Police Raptor Squad have charged two men and are continuing efforts to identify additional individuals allegedly involved in a violent disturbance outside a Wollongong nightclub earlier this month.
Authorities allege that in the early hours of Saturday, 11 October 2025, a confrontation involving multiple men erupted on Cliff Road in North Wollongong, escalating into an incident of serious public violence. One man reportedly sustained significant facial injuries, including a fractured jaw and eye socket, and was transported to Wollongong Hospital for treatment.
Subsequent investigations revealed that a number of those implicated in the altercation are believed to have links to the Bandidos Outlaw Motorcycle Gang (OMCG). As a result, the matter was referred to the State Crime Command's Raptor Squad, which assumed responsibility for the ongoing investigation.
On Friday, 24 October 2025, at approximately 7:00 am, members of the strike force executed four simultaneous search warrants across the Wollongong and Lake Illawarra regions. During the operation, police arrested a 30-year-old man in Wollongong and a 22-year-old man at an address in Thirroul.
Both individuals were subsequently conveyed to Wollongong Police Station, where they were each charged with affray under section 93C of the Crimes Act 1900 (NSW). The men were granted conditional bail and are scheduled to appear before the Wollongong Local Court on 9 December 2025.
What Is the Offence of Affray in NSW?
Under section 93C of the Crimes Act 1900 (NSW), a person commits the offence of affray if they use or threaten to use unlawful violence towards another person, and their conduct would cause a person of reasonable firmness to fear for their safety.
The offence can occur in both public and private places. It does not require an actual victim or witness to be present, police may rely on CCTV footage or other evidence to establish that the conduct would likely cause fear.
The maximum penalty for affray is:
- 10 years imprisonment if the matter is dealt with in the District Court; or
- 2 years imprisonment if it remains in the Local Court.
What Must the Prosecution Prove?
To secure a conviction, the prosecution must prove beyond reasonable doubt that:
- You used or threatened unlawful violence towards another person (or property); and
- Your conduct would have caused a person of reasonable firmness to fear for their safety.
"Violence" can include:
- Physical acts such as punching, kicking or throwing objects capable of causing injury.
- Threatening gestures or movements that could reasonably cause fear.
- Damage or injury to persons or property.
Importantly, words alone will not be enough to constitute an affray—there must be some physical act or threat of violence.
Defences to an Affray Charge
You may be found not guilty of affray if any of the following apply:
- A person of reasonable firmness would not have feared for their safety in the circumstances.
- You acted in self-defence, fearing for your safety and responding in a way that was reasonable in the situation as you perceived it.
- You were not the person involved - for example, where identity is disputed.
- You did not intend to use or threaten violence, nor were you aware that your conduct might be perceived as violent or threatening.
- Other legal defences such as duress (acting under threat) or necessity (acting to avoid greater harm) may also apply.
Pleading Guilty to Affray
If you decide to plead guilty, it is important to do so only after receiving careful legal advice. Pleading guilty early can have significant benefits in sentencing.
Early Guilty Plea Discount
An early plea entitles you to a "utility discount" - a reduction of up to 25% on your sentence. The earlier you enter the plea, the greater the discount. Courts also view an early guilty plea as a sign of remorse and cooperation, which can further reduce the penalty imposed.
Character References
Strong, well-drafted character references can help the court see your offence in context. References should:
- Be addressed to the presiding judge or magistrate;
- Outline your remorse, insight, and positive character; and
- Come from credible people such as employers, family members, or community figures.
A letter of apology from you can also demonstrate accountability and genuine remorse.
Negotiating Charges or Facts
Experienced lawyers may be able to negotiate with police to have charges withdrawn or downgraded, for example, from affray to a less serious public order offence, by identifying weaknesses or inconsistencies in the prosecution's evidence.
If a guilty plea is entered, your lawyer may also negotiate the "police facts" to ensure they fairly reflect what actually occurred.
Psychological Reports
A psychologist or psychiatrist report can assist the court by explaining the circumstances that led to the offence, your state of mind at the time, and your rehabilitation efforts since. These reports often help to avoid imprisonment and can support an application for a Section 10 dismissal or Conditional Release Order.
Sentencing and Penalties
While the legislation provides for maximum penalties of up to 10 years, courts typically reserve these for the most serious examples of affray involving sustained violence or significant injuries.
In practice, penalties may include:
- Section 10 Dismissal (no conviction)
- Conditional Release Order (CRO)
- Fine
- Community Correction Order (CCO)
- Intensive Correction Order (ICO)
- Full-time imprisonment (in the most serious cases)
Sentencing outcomes depend on:
- The level of violence involved;
- Whether anyone was injured;
- The location and public impact of the offence;
- Your prior criminal record; and
- Your personal circumstances and likelihood of reoffending.
Need Legal Assistance?
If you or someone you know is facing an affray charge, speak with a Wollongong Criminal lawyers.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.