The defendant actor had shot his best friend when, in jest and without any intention of doing any harm or firing a bullet, he pulled the trigger of a revolver. There were no bullets opposite the barrel and he had not realised that the mechanism would rotate and fire the bullets that were in the revolving cylinder. His defence was one of accident. He was convicted of manslaughter on the basis that death had resulted from his grossly negligent act and his unlawful and dangerous act. The judge had taken the view that the pointing of the revolver and the pulling of the trigger was unlawful even if there was no attempt to alarm or intention to injure.
Held:
Held: The appeal succeeded. In the circumstances there was no assault, because there was no intent to commit any assault or battery by the accused against the victim. Manslaughter was not established except by proving that element of intent without which there could be no assault.
Sachs LJ said: ‘mens rea being now an essential ingredient in manslaughter (compare Andrews v DPP and R v Church that could not be established in relation to [unlawful act manslaughter] except by proving that element of intent without which there can be no assault.’
‘dangerousness’ depends on the assessment of ‘all sober and reasonable people’
Judges:
Sachs LJ
Citations:
[1967] 2 QB 981, [1967] 2 All ER 1282
Jurisdiction:
England and Wales
Cited by:
Cited – O’Connor, Regina (On the Application of) v HM Coroner for District of Avon and Another Admn 7-May-2009
Two children died when their father jumped with them from a hotel balcony. The father had been acquitted in Crete of manslaughter after evidence of his psychiatric condition. The applicant now challenged the English coroner’s verdict of unlawful . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 05 May 2022; Ref: scu.342124