R V. Coney
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''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 or Court for Criminal Cases Reserved was an appellate court established in 1848 for criminal cases in England and Wales to hear references from the trial judge. It did not allow a retrial, only judgment on ...
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 and t ...
, 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 used in such fields as the law, medicine, research, and sexual consent. Consent as understood i ...
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 al ...
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
precedent Precedent is a judicial decision that serves as an authority for courts when deciding subsequent identical or similar cases. Fundamental to common law legal systems, precedent operates under the principle of ''stare decisis'' ("to stand by thin ...
s. See ''
R v Brown is a House of Lords judgment which re-affirmed the conviction of five men for their involvement in consensual unusually severe sadomasochistic sexual acts over a 10-year period. They were convicted of a count of unlawful and malicious woundi ...
'' 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 (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, Attorney-General for England, Chief Justice of the ...


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)''
971 Year 971 ( CMLXXI) was a common year starting on Sunday of the Julian calendar. Events By place Byzantine Empire * Battle of Dorostolon: A Byzantine expeditionary army (possibly 30–40,000 men) attacks the Bulgarian frontier, perso ...


External links


Pugilistic Prosecutions: Prize Fighting and the Courts in Nineteenth Century Britain
by Jack Anderson Bare-knuckle boxing C Coney 1882 in England 1882 in British law {{boxing-stub