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R v M(J) [2012]

Facts

  • After being ejected from a nightclub, the defendant wished to re-enter and had an argument with a security guard
  • The security guard, as a result of the encounter, suffered an adrenaline induced heart attack and died

Issue

  • Was unlawful act manslaughter committed?

Decision

  • No

Reasoning

  • As part of the dangerousness test, it is for the jury to decide whether the type of harm could have been foreseen; not the judge as a matter of law
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