DPP v Newbury and Jones

Facts

Two boys pushed a piece of paving stone from a bridge onto a train. It crashed through the cab and killed the guard. They were convicted of manslaughter. They said they did not foresee the danger.

Issue

Must the accused appreciate that the act is dangerous?

Held

The House of Lords said no. The test is whether all sober and reasonable people would recognise the danger, not whether the accused did. Manslaughter of this kind is a crime of basic intent.

Principle

Constructive manslaughter does not require subjective foresight of the danger. The unlawful act must still cause the death.

Why it matters

It completes Church. Franklin remains the rule that a merely civil wrong is not an unlawful act for this purpose.

For study only. By lanbuk.com. Always check current sources and consult a qualified professional.