R v Franklin

Facts

Franklin took a box from a refreshment stall on Brighton pier and threw it into the sea. It struck and killed a swimmer. He was indicted for manslaughter.

Issue

Is a civil wrong, without a crime, enough for constructive manslaughter?

Held

Field J refused to let the case go on that basis. A mere civil wrong against another person ought not to be the foundation of a criminal charge of this kind.

Principle

The unlawful act must be a crime, not only a tort.

Why it matters

Larkin and Church assume an act that is already criminal, such as an assault.

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