R v Church

Facts

Church fought with a woman and knocked her unconscious. He thought she was dead. He threw her into a river. She drowned. He was convicted of manslaughter.

Issue

When is an unlawful act dangerous?

Held

The Court of Appeal approved Larkin, and stated the test. The act is dangerous if all sober and reasonable people would recognise that it would subject the victim to the risk of some harm, though not serious harm.

Principle

The danger is objective. It is enough that some physical harm would be foreseen by a reasonable person.

Why it matters

It is the definition of 'dangerous' in constructive manslaughter.

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