Ratio Decidendi
For constructive manslaughter (unlawful act manslaughter), the unlawful act must be one that all sober and reasonable people would inevitably recognise as subjecting the victim to the risk of some harm, albeit not serious harm.
Fapte
Church took a woman back to his van. During an argument she knocked him out. When he came round, he could not revive her and believed she was dead. He threw her body into a river. She was in fact alive and drowned.
Rezumatul hotărârii
The Court of Criminal Appeal held that for unlawful act manslaughter, the prosecution must prove an unlawful act which was dangerous in the sense that a reasonable person would recognise it as carrying a risk of some harm to another person.
Citate cheie
"The unlawful act must be such as all sober and reasonable people would inevitably recognise must subject the other person to, at least, the risk of some harm resulting therefrom, albeit not serious harm."
— Edmund Davies J
Tratament ulterior
Definitive authority on the dangerousness requirement for unlawful act manslaughter. Applied in DPP v Newbury and Jones [1977].