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KembaraXtra-Case Law-Newbury and Jones v DPP (1977)
I. Case Citation: Newbury and Jones v DPP [1977] UKHL
II. Facts:
I. Case Citation: Newbury and Jones v DPP [1977] UKHL
II. Facts:
- The defendants (N and J) pushed a paving stone off a railway bridge.
- The paving stone struck a passing train.
- A railway worker was killed as a result.
- Whether the defendants were guilty of unlawful act manslaughter.
- What is the test for dangerousness in unlawful act manslaughter?
- The House of Lords held that the defendants were guilty of unlawful act manslaughter.
- Objective Test for Dangerousness (Lord Salmon's Formulation): The test is objective. The question is not whether the accused recognized the act was dangerous, but whether a sober and reasonable person would recognize its dangerousness.
- Objective Standard: Established the objective standard for assessing the dangerousness of an unlawful act in the context of unlawful act manslaughter.
- Unspecified Unlawful Act: The specific unlawful act committed by the defendants was never explicitly identified by the courts. This raises questions about the specific unlawful act being an essential ingredient in unlawful act manslaughter (but is generally considered to be required).
- Focus on Foreseeability of Harm: The objective test emphasizes the foreseeability of some harm (even if not the specific harm that occurred) to a reasonable person.
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