The Queen v. Coney

8 Q.B.D. 534 (1882)

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The Queen v. Coney

England and Wales High Court of Justice, Queen’s Bench Division
8 Q.B.D. 534 (1882)

Facts

A makeshift fight ring was set up near a major road, and two men engaged in a prize-fighting match while a crowd watched. Coney, Gilliam, and another laborer (defendants) were walking along the road and went to see why a crowd had gathered. When the three men saw what was happening, they stayed to watch part of the fight. The three men were charged with assault. The charge was based on a theory that (1) the fighters were assaulting each other, (2) the presence of a crowd encouraged the fighters to assault each other, and (3) the men had aided and abetted the assaults by forming part of that crowd. The judge instructed the jury that if the men were part of the crowd and had no suitable excuse for their presence, they had aided and abetted the assaults and were guilty of assault. The jury found that the three men did not aid and abet the assaults but were guilty of assault. On appeal, the men argued that evidence of their mere presence at the fight, without any additional action on their part, was not enough to sustain their assault convictions.

Rule of Law

Issue

Holding and Reasoning (Cave, J.)

Dissent (Matthew, J.)

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