LEGAL PRINCIPLE: CRIMINAL LAW – Manslaughter – Unlawful and Dangerous Act – Objective Test – Reasonable Person’s Recognition of Risk
PRINCIPLE STATEMENT
Where the act which a person is engaged in performing is unlawful, then if at the same time it is a dangerous act, that is, an act which is likely to injure another person, and quite inadvertently the doer of the act causes the death of that other person by that act, then he is guilty of manslaughter. The test as to what is unlawful and dangerous does not depend on the knowledge or thinking of the accused. It is based on the objective test, that is, what a reasonable person would describe as unlawful and dangerous. The unlawful act must be such as all sober and reasonable people would inevitably recognise must subject the other person to, at least, the risk of some harm resulting therefrom, albeit not serious harm.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Amayo v. State (2001) NLC-2412000(SC) at pp. 17–18; Paras D–A.
"Where the act which a person is engaged in performing is unlawful, then if at the same time it is a dangerous act, that is, an act which is likely to injure another person, and quite inadvertently the doer of the act causes the death of that other person by that act, then he is guilty of manslaughter. The test as to what is unlawful and dangerous does not depend on the knowledge or thinking of the accused. It is based on the objective test, that is, what a reasonable person would describe as unlawful and dangerous. The unlawful act must be such as all sober and reasonable people would inevitably recognise must subject the other person to, at least, the risk of some harm resulting therefrom, albeit not serious harm."
EXPLANATION / SCOPE
Unlawful and dangerous act manslaughter requires: (1) an unlawful act; (2) the act is dangerous—likely to injure; (3) death caused inadvertently. The test for dangerousness is objective—what a reasonable person would recognise. The accused’s knowledge or thinking is irrelevant. Sober, reasonable people must recognise the risk of some harm (not necessarily serious). The unlawful act need not be aimed at the victim. The principle covers death caused during the commission of an unlawful act. The prosecution must prove the act was unlawful and objectively dangerous. The accused is liable even if they did not foresee the harm. The standard is lower than murder.
