Crime XXXXXIX - Involuntary Manslaughter V
In
R v Seymour (1983) the accused had a heated argument with his girlfriend and
subsequently, according to him, tried to push or force her car out of the way
with his eleven-ton lorry. The victim got out of the car but was crushed
between the car and the lorry. The accused was charged and convicted of
manslaughter.
It
was held that, with regards to death that is caused by reckless driving, the
test that is to be applied is the test in R v Lawrence (1981) i.e. the question
that was to be asked was whether the defendant was driving in a manner that
gave rise to an obvious and serious risk and whether the defendant gave any
thought to the risk or having given it some thought dismissed it. However, the
risk that is caused by the manner in which the defendant is driving must be
very high.
In
Kong Cheuk Kwan v The Queen (1985) (Privy Council) the appellants were
drivers of two hydrofoils that collided in perfect weather and resulted in the
loss of lives. It was decided that the test that was to be applied was the test
in R v Lawrence (1981) and the appellants were found to be guilty.
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 manslaughter. The accused appealed but the
conviction was upheld.
Copyright
© 2019 by Dyarne Ward
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