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Kembaraxtra-Case Law- Watson (1989) CA - Manslaughter & The Reasonable Person
Case Overview:
  • Citation: Watson (1989) Court of Appeal
  • Facts: D and E broke into V's house (burglary) by throwing a brick through a window. V, an 87-year-old woman with a severe heart condition, was verbally abused during the intrusion. V died of a heart attack 90 minutes later.
Legal Issue:
  • Whether D's actions caused V's death in a manner that constituted manslaughter.
Holding:
  • D was found not guilty of manslaughter.
Reasoning (Key Principle):
  • The Reasonable Person: In assessing causation for manslaughter, the "reasonable person" is not merely a bystander but is one who is apprised of "the whole of the burglarious intrusion."
    • This includes knowledge that the victim was elderly and frail.
Key Quote:
  • Lord Lane CJ: The reasonable person would be apprised of 'the whole of the burglarious intrusion' including the observation that V was very elderly and frail.
Critical Analysis/Further Questions:
  • Inconsistency with Ball? If the burglary was complete upon trespass (as per the legal definition), does considering the "wider factual picture" (V's age and frailty) contradict the principle established in Ball which limits consideration of the state of mind of the defendant? (Consider if a normal person would understand the victim's frailty.)
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