R v Bobby George Nethercott
[2023] EWCA Crim 248
R v Auriol Grey
8 May 2024
[2024] EWCA Crim 487
Court of Appeal
A woman was convicted of manslaughter for scaring a cyclist who then died. The court overturned the conviction because the judge didn't properly explain to the jury what exactly the woman had done wrong. The judge didn't clearly explain the legal rules about what makes an action 'unlawful' in this situation, leading to an unsafe conviction.
Key Facts
- •Auriol Grey was convicted of manslaughter after a retrial for shouting at and gesticulating towards a cyclist, Celia Ward, who subsequently fell off her bike and was killed by a car.
- •The incident was captured on CCTV.
- •Grey had cerebral palsy, resulting in impaired vision and cognitive impairment.
- •The prosecution case was unlawful act manslaughter, arguing Grey's actions were unlawful and caused Ward's death.
- •The defence argued accident or self-defence.
- •There was no evidence of physical contact between Grey and Ward.
- •The judge's directions to the jury failed to specify the unlawful act (base offence) causing death.
Legal Principles
In unlawful act manslaughter, the unlawful act must be a crime.
R v Kennedy (No 2) [2007] UKHL 38; [2008] 1 A.C. 269
All elements of the base offence must be proved.
R v Lamb [1967] 2 Q.B. 981
In unlawful act manslaughter, the jury must consider whether a 'sober person' would realise the act would expose another to risk of harm.
R v Church [1966] 1 Q.B. 59
Common assault is defined as an act by which a person intentionally or recklessly causes another to apprehend immediate unlawful violence.
Case Law (implied)
To prove recklessness in common assault, the prosecution must prove the defendant was aware of the risk, took the risk, and it was unreasonable to do so.
Case Law (implied)
Outcomes
Appeal allowed; conviction quashed.
The judge failed to direct the jury on the elements of the base offence (common assault), a fundamental misdirection. The evidence was insufficient to prove beyond a reasonable doubt that Grey's actions constituted common assault.