Lewis, R. v

Lewis, R. v

The judge's directions to the jury were sufficient and clear on the issues of causation, foreseeability, and the nature of the unlawful act. The jury could not have misunderstood the need to find that the appellant's unlawful act caused the deceased's flight and death. There was no need for alternative verdicts. The appeal is dismissed.

Parties
Respondent: Regina; Appellant: Robert Walter Lewis
Jurisdiction
England and Wales
Judgment Date
21 January 2010
Procedural Posture
Criminal Appeal / Appeal Against Conviction for Manslaughter
Outcome
Appeal dismissed
Legal Topics
Manslaughter, Unlawful Act Manslaughter, Causation, Novus Actus Interveniens, Jury Directions
Criminal Law Manslaughter Unlawful Act Manslaughter Causation Novus Actus Interveniens Jury Directions

Case Brief

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Parties

Regina

Respondent

Robert Walter Lewis

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction for Manslaughter

Legal Issues

  1. 1 Whether the trial judge failed to direct the jury properly on the essential elements of unlawful act manslaughter
  2. 2 Whether the judge failed to direct the jury on the proportionality and foreseeability of the deceased's response (novus actus interveniens)
  3. 3 Whether alternative verdicts of assault or attempted battery should have been left to the jury

Ratio Decidendi

The judge's directions to the jury were sufficient and clear on the issues of causation, foreseeability, and the nature of the unlawful act. The jury could not have misunderstood the need to find that the appellant's unlawful act caused the deceased's flight and death. There was no need for alternative verdicts. The appeal is dismissed.

Court Disposition

Appeal dismissed