Facts
- The defendant shot the victim after loading his gun from a random selection of blank and live rounds from his pocket
- The defendant honestly believed the bullets were blanks, they were not; the defendant died as a result of the shot
Issue
- Was the defendant http://nygoodhealth.com guilty of unlawful act manslaughter?
Decision
- Yes
Reasoning
- The reasonable man does not make mistakes as to beliefs; it is not defence to say that the reasonable man would have made the same mistake