Ratio Decidendi
For unlawful act manslaughter, the unlawful act must be intentional. Pointing a revolver as a joke where both parties believed it would not fire does not constitute assault.
Facts
Lamb pointed a revolver at his best friend as a joke. Both believed it would not fire. However, the cylinder rotated when the trigger was pulled and a bullet killed the friend.
Judgment Summary
The Court of Appeal quashed the conviction. There was no assault because the friend did not apprehend immediate unlawful violence. Without an intentional unlawful act, there was no constructive manslaughter.
Key Quotes
"The mere fact of pointing a gun does not constitute an assault if the other person does not apprehend violence."
— Sachs LJ
Subsequent Treatment
Key authority on the requirement for an intentional unlawful act in constructive manslaughter.