R v Church [1966] 1 QB 59

Court: Court of Appeal (Criminal Division)

Facts: D knocked V unconscious during a fight and, believing her dead, threw her into a river where she drowned.

Issue : Mr. Church contended that his guilty verdict could not be based on criminal negligence, as the trial judge had instructed the jury solely on recklessness. He also argued that provocation was not a viable basis given the facts of the case. Therefore, the only possible foundation for the manslaughter conviction was that an unlawful act had caused the death.

Held: Conviction for manslaughter upheld. The court ruled that D's conduct amounted to an unlawful act dangerous to V, leading to her death.

Key Judicial Statement: Edmund Davies J described the test for dangerousness: "The act must be such as all sober and reasonable people would inevitably recognize as subjecting the other person to the risk of some harm."

💡Leveluplaw : An unlawful act leading to the death of another person does not automatically result in a manslaughter conviction. For such a verdict to be inevitable, the unlawful act must be of a nature that any sober and reasonable person would clearly recognize it as posing at least some risk of injury, if not serious harm, to the other person.