''R v Coney'' (1882) 8 QBD 534 is an English case in which the
Court for Crown Cases Reserved
The Court for Crown Cases Reserved was an English appellate court for criminal cases established in 1848 to hear references from the trial judge. It did not allow a retrial, only judgment on a point of law. Neither did it create a ''right'' of ...
found that a
bare-knuckle fight was an
assault occasioning actual bodily harm
Assault occasioning actual bodily harm (often abbreviated to Assault OABH, AOABH or simply ABH) is a statutory offence of aggravated assault in England and Wales, Northern Ireland, the Australian Capital Territory, New South Wales, Hong Kong an ...
, despite the
consent
Consent occurs when one person voluntarily agrees to the proposal or desires of another. It is a term of common speech, with specific definitions as used in such fields as the law, medicine, research, and sexual relationships. Consent as und ...
of the participants. This marked the end of widespread public bare-knuckle contests in England.
The case also found that voluntary attendance as a spectator was evidence that could be put to the jury to support a charge of
aiding and abetting
Aiding and abetting is a legal doctrine related to the guilt of someone who aids or abets (encourages, incites) another person in the commission of a crime (or in another's suicide). It exists in a number of different countries and generally allo ...
the assault. It was found however that an ordinary citizen is not under any duty to prevent an offence being committed and that failing to prevent it does not create liability as an accomplice.
Application
The principles laid down have been applied or nuanced (distinguished) in
consensual crime
A consensual crime is a public-order crime that involves more than one participant, all of whom give their consent as willing participants in an activity that is unlawful. Legislative bodies and interest groups sometimes rationalize the criminali ...
precedent
A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great v ...
s. See ''
R v Brown'' for a selection of scenarios in which the prohibition of actual bodily harm applies and where, for example in running the risk of ABH in less risky sports, it does not.
Judges
*
John Coleridge, 1st Baron Coleridge
John Duke Coleridge, 1st Baron Coleridge, PC (3 December 1820 – 14 June 1894) was an English lawyer, judge and Liberal politician. He held the posts, in turn, of Solicitor General for England and Wales, Attorney General for England and Wales, ...
See also
*
English criminal law
English criminal law concerns offences, their prevention and the consequences, in England and Wales. Criminal conduct is considered to be a wrong against the whole of a community, rather than just the private individuals affected. The state, i ...
*''
R v Clarkson (David)
''R v Clarkson (David) (1971) 55 Cr. App. Rep. 445'' is an English criminal law case, dealing with aiding and abetting and accessorial liability. The court ruled that for aiding and abetting to have taken place, there must be evidence of active en ...
''
971
Year 971 ( CMLXXI) was a common year starting on Sunday (link will display the full calendar) of the Julian calendar.
Events
By place
Byzantine Empire
* Battle of Dorostolon: A Byzantine expeditionary army (possibly 30–40,000 men ...
External links
Pugilistic Prosecutions: Prize Fighting and the Courts in Nineteenth Century Britainby Jack Anderson
Bare-knuckle boxing
C
Coney
1882 in England
1882 in British law
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