“No unlawful act manslaughter without mens rea for the underlying unlawful act”
Lamb pointed a revolver at his friend in jest, believing it would not fire because the chamber aligned with the barrel was empty. However, the cylinder rotated when the trigger was pulled, firing a live bullet that killed his friend. Both parties thought it was safe and treated it as a game.
Whether there could be unlawful act manslaughter when the defendant lacked the mens rea for assault, having no intention to cause his friend to apprehend immediate violence.
The Court of Appeal quashed the manslaughter conviction. There was no unlawful act because Lamb lacked the mens rea for assault - neither he nor the victim apprehended any violence.
This case demonstrates that unlawful act manslaughter requires a genuinely unlawful act with proper mens rea, not merely a dangerous act. It's essential for understanding the distinction between different types of manslaughter and the requirements for each.
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OSCOLA Citation
R v Lamb [1967] 2 QB 981
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