R v Lamb

Facts

Lamb pointed a revolver at a friend as a joke. He did not intend to injure or alarm him. Neither of them understood that a revolver fires the round in the next chamber when the trigger is pulled. The friend was shot dead. Lamb was convicted of manslaughter.

Issue

Was there an unlawful act, if there was no assault?

Held

The conviction was quashed. Without an intention to injure or to frighten, there was no assault. An unlawful act was not proved. The question of manslaughter by gross negligence was left open.

Principle

Constructive manslaughter fails if the supposed unlawful act is not, on its own facts, a crime.

Why it matters

It is the control on Larkin. Pointing a gun in jest, with no hostile intent and no fright, is not an assault.

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