R v JM and SM [2012] EWCA Crim 2293

Court: Court of Appeal (Criminal Division)

Facts: D fought with doormen at a nightclub. One of the doormen died of a heart condition triggered by the altercation.

Issue : The prosecution argued that the trial judge had made an error in determining that, for manslaughter resulting from an unlawful act, it was necessary for a reasonable person to inevitably foresee that the victim’s death would result from the specific type of harm associated with the risk posed by the unlawful act.

Held: Conviction for manslaughter upheld. The court held that a reasonable person would foresee the risk of some harm from the defendants’ unlawful act of affray.

Key Judicial Statement: Lord Judge CJ clarified, "It is sufficient that a sober and reasonable person would foresee the risk of some harm, not necessarily the precise harm."