death caused in a tumultuous affray
Tumultuous Affray

Death Caused In A Tumultuous Affray

ELEMENTS:
1. That there be several persons;
2. That they did not compose groups organized for the common purpose of assaulting and attacking each other reciprocally;
3. That these several persons quarreled and assaulted one another in a confused and tumultuous manner;
4. That someone was killed in the course of the affray;
5. That it cannot be ascertained who actually killed the deceased; and
6. That the person or persons who inflicted serious physical injuries or who used violence can be identified.

PERSONS LIABLE:
1. person/s who inflicted serious physical injuries
2. if it is not known who inflicted serious physical injuries on the deceased, all persons who used violence upon the person of the victim.

Tumultuous affray exists when at least 4 persons take part in it.

When there are 2 identified groups of men who assaulted each other, there is no tumultuous affray.

The person killed need not be a participant in the affray

Those who used violence are liable for death caused in a tumultuous affray only if it cannot be determined who inflicted the serious physical injuries on the deceased

“Tumultuous” in Article 153 – more than three persons who are armed or provided with means of violence

Tumultuous affray is a commotion in a confused manner to an extent that it would not be possible to identify who the killer is if death results, or who inflicted the serious physical injury, but the person or
persons who used violence are known.

If there is conspiracy, this crime is not committed.

If nobody could still be traced to have employed violence upon the victim, nobody will answer. The crimes committed might be disturbance of public order, or if participants are armed, it could be
tumultuous disturbance, or if property was destroyed, it could be malicious mischief.