Homicide Cases

Adomako

1995

refined legal test for gross negligence criminal laibility

anaesthetist failed to notice that tube disconnected from ventilator causing V to die

accepted negligence but not criminal

took steps to identify issue but failed to notice disconnect

appeal against conviction dismissed

liability arises from severity of damage caused

something no reasonably skilled dr should have done

AG’s Reference no3 of 1984

Kennedy

2007

drug dealer supplied syringe of heroin to drug act (V) → heroin caused V to die

appeal allowed against UA manslaughter conviction

FVI act of V constituted NAI breaking chain of causation → UA must be significant cause of the death

user/supplier relationship rather than friends → not considered joint act

Church

1966

D thought he had killed V in altercation, threw her body in river without taking reasonable steps to see if V was alive → V drowned

trial judge said irrelevant that D thought V was dead

actions disproportionate to allegation of provocation (V said D sexually inadequate)

Appeal against conviction argued that it was not irrelevant because disposal becomes supposedly reasonable in circumstances of D

Appeal dismissed

jury had been misdirected that it was irrelevant

however viewed as series of events culminating in V’s death → GBH rule applied to altercation and that harm caused was a significant factor in the death

verdict would have been the same, conviction not unsafe

Lamb

1967

D had partially loaded revolver pointed in jest - accidentally fired as didn’t know how it worked (experts agreed this was usual)

convicted of UA manslaughter (pointing the gun supposedly constitute assault)

appeal allowed and conviction quashed'

trial jury misdirected and denied defence

prosecution failed to prove intent for assault → couldn’t be UA manslaughter

Newbury and Jones

1977

Ds (2 × 15 yr olds) pushed paving stone off railway bridge → killed guard in train

trial judge failed to direct that could only convict if satisfied that Ds had foreseen the consequence

Andrews death caused by UA not necessarily manslaughter

difference in extent if negligence for criminal vs civil

Appeal dismissed

unnecessary to prove foresight, objective test for dangerousness

manslaughter requires only basic intention (to do the act rather than the result)

Cunningham

Clinton

Asmelash