“Defendant liable when reasonably foreseeable that vulnerable victim could suffer harm”
Watson and another threw a brick through an elderly man's window and entered his home as burglars. The 87-year-old victim, who had a serious heart condition, died of a heart attack 90 minutes later. The victim's frailty became apparent to the defendants during the burglary.
Whether defendants could be liable for unlawful act manslaughter when the victim's death resulted from their criminal act combined with the victim's pre-existing vulnerability that became apparent during the crime.
The Court of Appeal held that the defendants could be liable for manslaughter if the jury found that a reasonable person in their position would have realized the victim was vulnerable and at risk of some harm from the shock of the burglary.
This case is crucial for understanding how the objective test for unlawful act manslaughter applies when victims have particular vulnerabilities. It shows how knowledge acquired during crime commission can affect liability and is essential for studying manslaughter and causation.
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OSCOLA Citation
R v Watson [1989] 1 WLR 684
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