Crime XXXXVII - Constructive Manslaughter VI - The Unlawful Act V
In
R v Mitchell (1983) the accused jumped a queue at a post office and was
confronted by an elderly man. The accused hit the elderly man and he fell into
the crowd and collided with an elderly lady. As a result, the elderly lady fell
down and broke her leg. She subsequently died from the injuries that she’d
sustained. The accused was charged and convicted for constructive manslaughter
or unlawful manslaughter.
The
defense appealed but the conviction was upheld. It was sufficient that an
unlawful act had been committed or perpetrated. The act need not be directed at
the victim.
In
R v Goodfellow (1986) the accused who’d been repeatedly harassed by a
couple of men set fire to his own home and his wife, son and his son’s
girlfriend, who were in the house at the time, died in the fire. The accused
was tried and convicted for unlawful act manslaughter. The accused appealed.
The
conviction was upheld. Reaffirming the decision in R v Mitchell (1983) and
decisions in similar cases prior to that, it was held that it was sufficient
that an unlawful act had been committed and despite the fact that act was not
directed at the victim(s), the accused was nonetheless guilty.
In
Attorney-General’s Reference (No.3 of 1994) the accused stabbed his girlfriend
three times in various parts of her body including her stomach. She was 22 – 24
weeks pregnant at the time and slightly over a fortnight later, she delivered
and though the baby was born premature it lived for 121 days before it died
from the injuries sustained from the stabbing. The accused was charged on two
counts: – 1) for causing grievous bodily harm (GBH) to his girlfriend for which
he was convicted and 2) for causing the death of the child i.e. murder.
On
the second count, the question before the court was whether it is possible to
cause GBH to a child that was in the mother’s womb and the question arose
simply because the child was not yet born and did not have an identity or a
personality of its own. The trial judge held that it was not possible to cause
GBH to a child that was in the mother’s womb. The Attorney General referred the
matter to the Court of Appeal on a point of law and the Court of Appeal held
that the death of the baby was murder.
The
accused appealed to the House of Lords who substituted the conviction for
murder with that of manslaughter and clarified the law. It is possible to cause
GBH to a child while it is in the mother’s womb if the child is then born and
subsequently dies as a result of the injuries sustained. The death of the child
however could not be classed as murder because at the time the injuries were
inflicted the child was not yet born and had not acquired an identity or a
personality of its own.
Copyright
© 2019 by Dyarne Ward
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