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un loment of violence intored by the porgons assembled or Anticipated reasonably by sameme in the neighbourhood where it has assombled, is essential. I will now read the definition of "unlawful essemblp" which is dorived from the "kistory of Camon which has already been road to you several times during theto proceedings. "An ımlawful assembly is an assembly of tla or nare pero one with intent to commit a crino by open forco, or with intant to carry out a comion purposo, lawful or unlawful, in such a namer
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as to give fira and courageous persons in the neighbourhood of the assembly reasmahle ground to apprehend a breach of the roaco in consequence of it " That, Gentleman, is the dofinition you have to bear in mind You will Boe that this definition con ten- plates violence in both its sub-hoads, It ie not clained, and it is not/law that the police could lawfully have fired on any persm or any number of persons merely to provent them from cross the border into Chipeso territory, or from attempting to do co. Also, it is not/law that a police officer who detains one of those persons, having stopped him in the pecccable pursuit of de object, could lawfully firo on such person if after detention ho attempted to escape from custody. To fire in these circumstances taken by themselves would be clearly a criminal act. To come back to the definitim. as this crowd at the time then it was fired on an unlawful assombly ? Mr. Shenton has argued that it was, aut hes rested his subnisai on mainly on the second part of the definition. In order to bring the circumstances within this part of the dofini- tion he has bom driven to argue that the Deputy "upal itendent of Police is the person in the neighbourhood of this shly with reasonable grounds to apprehend a breach of the peace. I do not follow him to this conclusion- the conglusion that in socond part of this definition will cover the present circumstan cos.
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to me essential that the persons in the neighbourhood contemplated in the definition must be parsons to whom the crowd comos and not pore me who attend in order to interfere with the crowd.
* Takesvei #1 AM go I on
qidiig ute 02