R v Wacker

The civil law rule that one criminal cannot sue another for injury caused during a joint criminal enterprise does not apply in gross negligence manslaughter.

Citation
[2002] EWCA Crim 1944, [2003] QB 1207
Court
Court of Appeal (Criminal Division)
Year
2002
Subject
Criminal Law
Topic
Involuntary manslaughter

Facts

Mr Wacker, a lorry driver, agreed to smuggle 60 Chinese illegal immigrants into the UK in a container on his lorry. He closed the only air vent in the container to avoid detection during the ferry crossing from Rotterdam to Dover. When the lorry arrived at Dover, 58 of the immigrants were found dead from suffocation. He was convicted of 58 counts of manslaughter. He argued that he owed no duty of care to the immigrants, because they were taking part in an illegal enterprise with him, and the civil law would not allow them to sue him.

Legal principle

The Court of Appeal upheld the convictions. The civil law principle of ex turpi causa, which prevents a person from suing for injury suffered in the course of a joint illegal enterprise, has no place in the criminal law. Kay LJ said that the criminal law serves a different purpose from the civil law, in protecting citizens and punishing wrongdoers, and that the public policy considerations behind the civil law rule do not apply. Mr Wacker had voluntarily assumed responsibility for the immigrants' safety and owed them a duty of care.

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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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