R v Lamb
Unlawful act manslaughter requires an act that is unlawful in itself, such as an assault, which requires mens rea.
Facts
Mr Lamb, aged 17, was playing with a revolver with his best friend. Both of them knew that there were two bullets in the chamber, but neither was in the position to be fired, and they thought it was a joke when Mr Lamb pointed the gun at his friend and pulled the trigger. They did not understand that the cylinder rotated before firing, so a bullet was fired and his friend was killed. He was convicted of manslaughter.
Legal principle
The Court of Appeal quashed the conviction. For unlawful act manslaughter, there must be an unlawful act, and the only possible unlawful act was an assault. Since the friend did not fear any violence, and Mr Lamb did not intend to cause fear or harm or foresee that he might do so, there was no assault. The trial judge had not directed the jury properly on gross negligence manslaughter, which was the only other possible basis for a conviction.
Related cases on involuntary manslaughter
- DPP v Newbury and Jones [1977] AC 500
- R v Adomako [1995] 1 AC 171
- R v Bateman (1925) 19 Cr App R 8
- R v Bawa-Garba [2016] EWCA Crim 1841
- R v Cato [1976] 1 WLR 110
- R v Cotswold Geotechnical Holdings Ltd [2011] EWCA Crim 1337
- R v Dawson (1985) 81 Cr App R 150
- R v Goodfellow (1986) 83 Cr App R 23
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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.
