unlawful act manslaughter cases Flashcards
Lamb
D shot V with a revolver as he did not believe that he would shoot V.
D had not carried out an unlawful act. The pointing of the gun at the friend was not assault as the friend did not fear any violence.
Lowe
D was convicted of wilfully neglecting his baby son and his manslaughter. The trial judge had directed the jury that if they found the defendant guilty of wilful neglect he was also guilty of manslaughter.
Larkin
D threatened another man with an open cut throat razor, in order to frighten him. The mistress of the other man tried to intervene and because she was drunk, accidentally fell onto the open blade which cut her throat and killed her.
On appeal D’s conviction for manslaughter was upheld. The act of threatening the other man was technical assault. It was also an act which was dangerous because it was likely to injure someone.
Goodfellow
D decided to set fire to his council flag so that the council would have to rehouse him. The fire got out of control and his wife, son and another woman died in the fire.
JM and SM
JM lit a cigarette inside a nightclub and was asked to leave. JM and SM leaves but later returned. A fight broke out between the brothers and the doorman. During the fight, one of the doormen collapsed and died. Vs renal artery had ruptured due to a weakness in the artery wall, causing his death. The rupture was extremely likely to have occurred spontaneously and it was accepted the fight was a substantial cause of Vs death.
Dawson
Three defendants attempted to rob a petrol station. They were masked and armed with pick-ace handled. The petrol station attendant managed to sound the alarm but then dropped dead from a heart attack.
Causing him fear through the attempted robbery was not a dangerous act and did not make this manslaughter.
Mitchell
The appellant tried to jump the queue at a post office. An elderly man took issue with this and challenged him. D hit the old man and pushed him. The man fell back onto others in the queue including an elderly lady who fell and broke her leg. She later died.
There was no requirement that the unlawful act he directed at the victim.
Watson
Two Ds threw a brick through the window of a house and entered it, intending to steal property. The occupier was a frail 87 year old man who heard the noise and came to investigate. The ads physically abused him and left. The man died 90 minutes later from a heart attack.
Could not be established that the Ds caused the heart attack.
Bristol, Dunn and Delay
Ds were part of a gang of at least six men who had agreed to burgle Vs workshop. The workshop was down a long drive so there was a risk of someone discovering the burglary and trying to prevent the burglars from escaping. Ds used at least two vehicles to get there. V was found dead near the workshop a few hours after the burglary. There was evidence that he had been hit by one of both of the vehicles.
Convicted on the bases that the circumstances of the burglary meant that a reasonable and sober person would recognise the risk of some harm resulting from the burglary.
Newbury and Jones
The defendants pushed a paving stone from a bridge onto a railway line as a train was approaching. The stone hit the train and killed the guard.
House of Lords confirmed that it was not necessary to prove that the defendant foresaw any harm from his act. So, a D can be convicted provided that the unlawful act was dangerous and the defendant had the necessary mens rea for that act.
Carey and Others
Aimee and her friends went out for an early evening walk. They came across the three Ds who had been drinking. Ds became physically violent. Aimee had her head held back and was punched in the face. Two passing motorcycles stopped and the Ds ran away. Aimee ran away in fear but collapsed and died. She had a severely diseased heart and the run had induced a ventricular fibrillation which resulted in her death.
Conviction quashed. Assault was not the cause of her death, the run was.
Willoughby
D owned an old disused pub. He set the pub on fire to claim in the insurance with Mr Drury. During the course of igniting the fire an explosion occurred, resulting in the building collapsing on Mr Drury, killing him.
D had a duty of care through joint enterprise.
Lynch
D was ordered by a member of the IRA to drive a car. He knew if he did not comply he would be shot. Three armed men un balaclavas got into the car and the appellant drove them. The three men shot and killed a policeman.
The defence of duress is available to a participant who does not personally do the act of killing.
