(Jamaica) The defendants had an argument with the deceased, who ran from them, tripped on a concrete ramp and fell. He died a few days later. The accused had thrown stones at him while he was running from them. The prosecution alleged that he died as result of being hit by the stones and charged the accuseds with murder. It was suggested that the deceased died as a result of his fall onto the ramp.
Held: There was no sufficient evidence that his death was the result of injuries received by being hit by stones. However, there were only two ways in which the deceased could have received the injuries which caused his death, that is, either by being hit by stones thrown at him by the accuseds or by his fall over the concrete ramp. Since the court was not satisfied that the deceased’s death was caused by being hit by stones, the only probable and reasonable conclusion was that he died as a result of the injuries he received when he fell onto the concrete ramp as he was running away from the accuseds. There was sufficient evidence that this was a case of ‘manslaughter by flight’ and accordingly the accuseds’ conviction of manslaughter were upheld.
Judges:
Lord Keith of Kinkel
Citations:
[1980] AC 237
Jurisdiction:
England and Wales
Citing:
Approved – Kwaku Mensah v The King PC 1946
(West Africa) The judge had failed to give a direction on provocation in a murder case where the issue properly arose.
Lord Goddard said: ‘But if on the whole of the evidence there arises a question whether or not the offence might be . .
Cited by:
Cited – Regina v Coutts HL 19-Jul-2006
The defendant was convicted of murder. Evidence during the trial suggested a possibility of manslaughter, but neither the defence nor prosecution proposed the alternate verdict. The defendant now appealed saying that the judge had an independent . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 17 May 2022; Ref: scu.243355