R V Coney
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R V Coney
''R v Coney'' (1882) 8 QBD 534 is an English case in which the Court for Crown Cases Reserved found that a bare-knuckle boxing, bare-knuckle fight was an assault occasioning actual bodily harm, despite the consensual crime, consent 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 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 precedents. 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 ...
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Queen's Bench Division
The King's Bench Division (or Queen's Bench Division when the monarch is female) of the High Court of Justice deals with a wide range of common law cases and has supervisory responsibility over certain lower courts. It hears appeals on points of law from magistrates' courts and from the Crown Court. These are known as appeals by way of case stated, since the questions of law are considered solely on the basis of the facts found and stated by the authority under review. Specialised courts of the King's Bench Division include the Administrative Court, Technology and Construction Court, Commercial Court, and the Admiralty Court. The specialised judges and procedures of these courts are tailored to their type of business, but they are not essentially different from any other court of the King's Bench Division. Appeals from the High Court in civil matters are made to the Court of Appeal (Civil Division); in criminal matters appeal from the Divisional Court is made only to the Sup ...
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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, Chief Justice of the Common Pleas and Lord Chief Justice of England. Background and education Coleridge was the eldest son of John Taylor Coleridge, and the great-nephew of the poet Samuel Taylor Coleridge. He was educated at Eton and Balliol College, Oxford, and was called to the bar in 1846. Coleridge was a member of the Canterbury Association from 24 June 1851. Legal career Coleridge established a successful legal practice on the western circuit. From 1853 to 1854 he held the post of secretary to the Royal Commission on the City of London. In 1865 he was elected to the House of Commons for Exeter for the Liberal Party. He made a favourable impression on the leaders of his party and when the Liberals came to office in 1868 under Willi ...
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Court For Crown Cases Reserved
The Court for Crown Cases Reserved was an England and Wales, English appellate court for criminal law, 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 appeal and only a few selected cases were heard every year. History The Court for Crown Cases Reserved was created by the Crown Cases Act 1848, introduced in the House of Lords by John Campbell, 1st Baron Campbell, Lord Campbell. Under the act, after a conviction, the trial judge in a criminal case could refer the case by way of case stated to the court. A case that was reserved would then be heard by at least five judges, including at least one Chief Justice or Chief Baron. The court could only hear appeals on a point of law; it could quash a conviction, but not order a retrial or alter a sentence. It was superseded by the Court of Criminal Appeal (England and Wales), Court of Criminal Appeal in 1907.Co ...
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Bare-knuckle Boxing
Bare-knuckle boxing (or simply bare-knuckle) is a combat sport which involves two individuals throwing punches at each other for a predetermined amount of time without any boxing gloves or other form of padding on their hands. It is a regulated sport across the world. The difference between street fighting and a bare-knuckle boxing match is that the latter has an accepted set of rules, such as not striking a downed opponent. The rules that provided the foundation for bare-knuckle boxing for much of the 18th and 19th centuries were the London Prize Ring Rules. By the late 19th century, professional boxing moved from bare-knuckle to using boxing gloves. The last major world heavyweight championship happened in 1889 and was held by John L. Sullivan. The American ''National Police Gazette'' magazine was recognized as sanctioning the world championship titles. Bare-knuckle boxing has seen a resurgence in the 21st century with the English promotion BKB (Bare Knuckle Boxing) along wi ...
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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 the Solomon Islands. It has been abolished in the Republic of Ireland and in South Australia, but replaced with a similar offence. Australia Anything interfering with the health or comfort of victim which is more than merely transient or trifling has been held by Australian courts to be "actual bodily harm". Australian Capital Territory The offence is created by section 24(1) of the Crimes Act 1900. New South Wales The offence is created by section 59(1) of the Crimes Act 1900 (a different statute of the same name). South Australia Assault occasioning actual bodily harm was formerly an offence under section 40 of the Criminal Law Consolidation Act 1935, but has been abolished and replaced with a similar offence (see below). H ...
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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 criminalization of consensual activity because they feel it offends cultural norms, or because one of the parties to the activity is considered a "victim" despite their informed consent. Consensual crimes can be described as crimes in which the victim is the state, the judicial system, or society at large and so affect the general (sometimes ideological or cultural) interests of the system, such as common sexual morality. Victimless crimes, while similar, typically involve acts that do not involve multiple persons. Drug use is typically considered a victimless crime whereas the sale of drugs between two or more persons would be a consensual crime. The fact that no persons come forward to claim injury has essentially made the two terms interchangea ...
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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 allows a court to pronounce someone guilty for aiding and abetting in a crime even if they are not the principal offender. The words aiding, abetting and accessory are closely used but have differences. While aiding means providing support or assistance to someone, committing a crime in exchange of a commission or compensation, abetting means encouraging someone else to commit a crime. Accessory is someone who in fact assists "commission of a crime committed primarily by someone else". Canada In Canada, a person who aids or abets in the commission of a crime is treated the same as a principal offender under the criminal law. Section 21(1) of the ''Criminal Code'' provides that: :Every one is a party to an offence who ::(a) actually commits it ...
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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 value on deciding cases according to consistent principled rules, so that similar facts will yield similar and predictable outcomes, and observance of precedent is the mechanism by which that goal is attained. The principle by which judges are bound to precedents is known as ''stare decisis'' (a Latin phrase with the literal meaning of "to stand in the-things-that-have-been-decided"). Common-law precedent is a third kind of law, on equal footing with statutory law (that is, statutes and codes enacted by legislative bodies) and subordinate legislation (that is, regulations promulgated by executive branch agencies, in the form of delegated legislation) in UK parlance – or regulatory law (in US parlance). Case law, in common-law jurisdictions, ...
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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 wounding and a count of assault occasioning actual bodily harm (contrary to sections 20 and 47 of the Offences against the Person Act 1861). The key issue facing the Court was whether consent was a valid defence to assault in these circumstances, to which the Court answered in the negative. The acts involved included the nailing of a part of the body to a board, but not so as to necessitate, strictly, medical treatment. The court found no direct precedent for sadomasochism among the senior courts (those of binding precedent) so applied the reasoning of three indirectly analogous binding cases and others. The case is colloquially known as the Spanner case, named after Operation Spanner, the investigation which led to it. Facts The five appell ...
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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, in addition to certain international organisations, has responsibility for crime prevention, for bringing the culprits to justice, and for dealing with convicted offenders. The police, the criminal courts and prisons are all publicly funded services, though the main focus of criminal law concerns the role of the courts, how they apply criminal statutes and common law, and why some forms of behaviour are considered criminal. The fundamentals of a crime are a guilty act (or ''actus reus'') and a guilty mental state (or ''mens rea''). The traditional view is that moral culpability requires that a defendant should have recognised or intended that they were acting wrongly, although in modern regulation a large number of offences relating to road ...
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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 encouragement of the crime. The defendant watched as a woman was raped three times although there was no evidence that he encouraged the action. Since there is no offence of omission in English law unless a duty of care In tort law, a duty of care is a legal obligation that is imposed on an individual, requiring adherence to a standard of reasonable care while performing any acts that could foreseeably harm others. It is the first element that must be establi ... is present, the defendant's actions were not indictable, and his appeal was successful. See also * '' R v. Coney'' (1882) C 1971 in England 1971 in United Kingdom case law Court of Appeal (England and Wales) cases {{crime-stub ...
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Bare-knuckle Boxing
Bare-knuckle boxing (or simply bare-knuckle) is a combat sport which involves two individuals throwing punches at each other for a predetermined amount of time without any boxing gloves or other form of padding on their hands. It is a regulated sport across the world. The difference between street fighting and a bare-knuckle boxing match is that the latter has an accepted set of rules, such as not striking a downed opponent. The rules that provided the foundation for bare-knuckle boxing for much of the 18th and 19th centuries were the London Prize Ring Rules. By the late 19th century, professional boxing moved from bare-knuckle to using boxing gloves. The last major world heavyweight championship happened in 1889 and was held by John L. Sullivan. The American ''National Police Gazette'' magazine was recognized as sanctioning the world championship titles. Bare-knuckle boxing has seen a resurgence in the 21st century with the English promotion BKB (Bare Knuckle Boxing) along wi ...
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