Crime XXXXXI – Constructive Manslaughter X – The Unlawful Act IX
Earlier
we’d asked the question in R v Dawson (1985) and R v Watson (1989), if in order
for the defendant to be convicted of constructive manslaughter or unlawful act
manslaughter, death needs to result from a physical injury or if it is
sufficient that death results from a pre-existing medical condition. The
decision in R v Carey & Ors (2006) sheds some light on the matter.
In
R v Carey & Ors (2006), the victim and her friends were out for an
evening walk when they stumbled across three men who started making fun of
them. The men then became rowdy and soon turned violent. The victim had her
hair pulled back and was punched in the face.
Afraid,
she turned and ran. After running for about 100 meters she collapsed and died.
The victim was suffering from a severe heart condition and the attack
exacerbated the pre-existing condition and that resulted in her death.
The
men were tried and convicted for affray and constructive manslaughter or
unlawful act manslaughter. The defense appealed the conviction for constructive
manslaughter or unlawful act manslaughter.
The
conviction was quashed on appeal. The cause of death was not the physical
injury or the unlawful act but rather the pre-existing medical condition.
It
could be argued that the defendants did indeed cause the victim some physical
injury. However, it was found that the injury was not sufficient to result in
death or was not the cause of death. In order to obtain a conviction for
constructive manslaughter: -death
must result from a physical injury and not from a pre-existing medical
condition that was exacerbated or aggravated by the defendant(s) unlawful actions
and a
reasonable person must be able to foresee or anticipate that the actions of the
defendant(s) would result in the death of the victim.
In
R v Dawson (1985), R v Watson (1989) and R v Carey & Ors (2006) the
defendants were unaware that the victims were suffering from a pre-existing
medical condition that could lead to death if aggravated and therefore the
conviction for constructive manslaughter or unlawful act manslaughter was
quashed.
Would
the conviction have remained if the defendants were or had been aware of the
victims pre-existing medical condition? It is for a court to decide but if a
reasonable man could foresee that aggravating the pre-existing medical condition
that the victim was suffering from would lead to death then the conviction for
constructive manslaughter or unlawful act manslaughter might stand.
Copyright
© 2019 by Dyarne Ward
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