R v Watson
The reasonable person in the dangerousness test acquires the knowledge that the defendant would have gained during the unlawful act, such as the victim's frailty.
Facts
Mr Watson and another man broke into the house of a frail 87 year old man at night. They woke him up and abused him verbally before leaving. Shortly afterwards, he died of a heart attack. Mr Watson was convicted of manslaughter.
Legal principle
The Court of Appeal held that the dangerousness of the burglary should be judged by a reasonable person who had the knowledge that the defendant gained during the burglary, including the victim's age and frailty, which would have been obvious to anyone in the house. The burglary therefore became dangerous once the frail old man was found. However, the court quashed the conviction because there was doubt about whether the burglary, rather than the arrival of the police and the council workmen afterwards, had caused the heart attack.
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.
