In sentencing for affray, the distinction between premeditated affrays (including pitched street battles of rival gangs) and spontaneous affrays is significant, with the former meriting heavier punishment. Where evidence of an individual participant's knowledge, involvement and duration of participation in a group affray is limited, the participant should not be held responsible for the overall consequences of the brawl including deaths and the presence of weapons. The sentencing principles for riot stated in R v McCormack do not apply in full to affray, given the different statutory requirements.
The full text is available to signed-in members, including the 7 later cases that cite this judgment.
1 of the 7 citing cases carry a classified treatment. How each court treated it is available to signed-in members.