Hill v Baxter [1958]

Facts

  • The defendant caused death through driving

Issue

  • Could criminal liability be escaped through automatism?

Decision

  • Yes, but not on the facts

Reasoning

  • A voluntary act is required as part of the actus reus of manslaughter
  • The defendant was not in a state of automatism, rather, he fell asleep, so acted voluntarily in┬árecklessness
RELATED CASE  R v McKechnie [1992]

Posted in Criminal Law Revision Notes.

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