R v Willoughby [2005]

Facts

• The defendant set fire to his pub in order to claim insurance monies
• The fire accidentally killed an innocent other

Issue

• Was the defendant guilty of manslaughter?

Decision

• Yes

Reasoning

• No duty was identified, but the Court of Appeal accepted that a manslaughter conviction could be upheld on the basis that it is for the jury to decide whether a duty exits as a question of fact, and not for the judge to decide as a question of law
• Unlawful act manslaughter would have been much easier to reason, according to the court