Involuntary Manslaughter Flashcards
R v Franklin
The appellant threw a box into the sea off Brighton Pier. The box struck a swimmer who died as a result of being hit.
For constructive manslaughter there must be an unlawful act. The unlawful act must constitute a criminal offence.
R v Lamb
Two boys were playing with a revolver. There were two bullets in the chamber but neither were opposite the barrel. The two boys believed that this meant it would not fire. One of the boys pointed the gun at the other and fired. As he pulled the trigger the chamber turned and the gun went off killing the boy. The other was charged with unlawful act manslaughter.
There was no unlawful act as no assault had been committed as the victim did not believe the gun would go off therefore he did not apprehend immediate unlawful personal violence.
R v Arobekieke
train was stationary at a train station. The appellant peered into a railway carriage looking for the victim. The victim was fearful of the appellant and jumped out of the carriage and started to run off. He was electrocuted when he stepped onto a live rail. He was convicted of constructive manslaughter and appealed.
The appeal allowed and the manslaughter conviction was quashed. Whilst the victim did apprehend immediate unlawful personal violence, the appellant’s actions did not constitute an assault. There was thus no unlawful act.
R v Lowe
The appellant’s child died from neglect. The trial judge directed the jury that if they found him guilty of the offence of neglect they must also find him guilty of manslaughter on the grounds that neglect was an unlawful act. The jury convicted him of both neglect and manslaughter
Appeal allowed. For constructive manslaughter there must be an unlawful ‘act’. The offence could not be committed by an omission.
R v Larkin
The appellant waved a razor about intending to frighten his mistress’s lover. He claimed his mistress, who was drunk, blundered against the razor and was killed when it cut her throat.
An unlawful act had been committed consisting of the assault against the mistress’s lover. This was a dangerous act in that it was one which a sober and reasonable person would regard as dangerous.
R v Goodfellow
The appellant had been harassed by two men and wished to move from his council accommodation. In order to get re-housed he set fire to his house making it look as if it had been petrol bombed. Unfortunately his wife, son and son’s girlfriend all died in the fire.
His conviction for manslaughter was upheld. There was no requirement that the unlawful act was directed at the victims nor that it was directed at a person.
R v Kennedy
D gave the V a Heroin filled syringe, which he then injected and died later on
D was charged with manslaughter as it was the unlawful act of supplying class A drugs which caused the death of the V
