DPP v Newbury and Jones

For unlawful act manslaughter, the defendant need not foresee that his act might cause harm, as long as a reasonable person would recognise that it was dangerous.

Citation
[1977] AC 500
Court
House of Lords
Year
1977
Subject
Criminal Law
Topic
Involuntary manslaughter

Facts

Two 15 year old boys pushed part of a paving stone off a railway bridge as a train was approaching. The stone went through the window of the driver's cab and hit the guard, who was sitting next to the driver, and killed him. They were convicted of manslaughter.

Legal principle

The House of Lords upheld the convictions. Lord Salmon said that, for unlawful act manslaughter, it is enough that the defendant intentionally did an act that was unlawful and dangerous and that it caused death. The defendant does not have to recognise that his act was dangerous, because the test of dangerousness is objective, as set out in R v Church: whether all sober and reasonable people would recognise that the act would subject the victim to the risk of some harm.

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This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.

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