Fosters of Castlereagh Ltd v Secretary of State

JurisdictionNorthern Ireland
Judgment Date01 January 1976
Date01 January 1976
CourtHigh Court (Northern Ireland)
(H.C.)
Fosters of Castlereagh Ltd
and
Secretary of State

Property -Raid on shop by group of armed men - Whether "persons tumultuously . . . assembled" - Criminal Injuries to Property (Compensation) Act (Northern Ireland), 1971 (c. 38), s. 3 (2).

In a claim under s. 3, sub-s. 2 of the Criminal Injuries to Property (Compensation) Act (Northern Ireland), 1971, it is necessary to show that three or more persons were both "riotously" and "tumultuously" assembled. A tumultuous assembly is akin to a mob acting, so far as the ordinary members who make it up are concerned, without planning or organisation; a disorderly crowd including chance members of the public drawn into the vortex of a public disorder.

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