Crime XXXXIV - Constructive Manslaughter III – The Unlawful Act II
Constructive
manslaughter cannot be raised if the act was not an unlawful act. In R v Lamb
(1967) two boys got their hands on a revolver. The boys believed that the
chamber was empty and started fiddling around with it when in fact there were
two bullets in the chamber.
One
boy pointed the gun at the other and it went off killing the other boy. The boy
that pulled the trigger was charged with unlawful act manslaughter or
constructive manslaughter.
It
was held that there was no unlawful act as the boys clearly thought that the
gun was empty. It is also worth asking the question if it is an offence to pick
up an empty gun or a revolver?
Pointing
a gun at someone could constitute assault i.e. a threat that puts someone in
fear of imminent harm but in the given situation neither of the boys were even
remotely afraid.
In
R v Arobekieke (1988) the accused was chasing a victim and the latter ran
into a train station and got on board a stationary train. The accused peered
into the carriage doors in search of the victim and the victim, in fear, jumped
out off the train and onto to the railway tracks and was subsequently electrocuted.
The accused was arrested, charged and convicted of constructive manslaughter or
unlawful act manslaughter. The accused appealed.
The
appeal was allowed and the conviction was quashed. While the victim was in
fear; the actions of the accused were not unlawful. Peering into the open doors
of a stationary train may instill fear in the passengers but the act in itself
is not unlawful.
It
was further held that while the victim did apprehend an imminent danger or was
in fear for his safety, the actions of the accused was not sufficient to
constitute assault.
In
R v Scarlett (1993) the accused was a pub owner who forcefully ejected the
victim from his pub after the latter had had too much to drink. The victim
subsequently fell down and died from head injuries sustained as a result. The
accused was charged and convicted for constructive manslaughter or unlawful act
manslaughter. The accused appealed.
The
appeal was allowed and the conviction was quashed. There was nothing to
indicate that the appellant had used excessive force and the act of merely
evicting someone who was drunk from one’s premises wasn’t by itself unlawful.
It would only become unlawful if excessive force was used and in the given
circumstances there was no evidence to suggest that excessive force was in anyway
used.
Copyright
© 2019 by Dyarne Ward
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