R v Slingsby, [1995] Crim LR 570

Can You Answer This?

Practice with real exam questions

Omar and Felicia are performance artists who regularly stage interactive comedic sketches. During one impromptu routine, Felicia wore a gloved costume piece that included decorative spikes. Omar willingly participated in a segment where Felicia used hand gestures near his torso, intended to mimic a harmless comedic stab. Unfortunately, one of the spikes punctured Omar’s skin, later causing a severe infection that led to his death. The prosecution has now charged Felicia with involuntary manslaughter, arguing that the comedic act was inherently dangerous.


Which of the following is the single best statement regarding Felicia’s potential criminal liability?

Introduction

The case of R v Simon Slingsby [1995] Crim LR 570 examines the relationship between consent, harm, and criminal liability in sexual acts. This Court of Appeal decision outlines legal principles for unlawful act manslaughter when serious harm occurs unintentionally during agreed acts. The judgment states that if no criminal act occurred, consent prevents criminal liability for harm, even if fatal. The key question is whether the original agreed act violated criminal law. This requires reviewing the acts involved and their lawfulness aside from unintended outcomes.

The Facts of R v Slingsby

Simon Slingsby engaged in agreed sexual acts with the victim. During this, his signet ring caused internal injuries, leading to septicaemia and death. Prosecutors charged Slingsby with manslaughter, arguing the accidental injuries resulted from a criminal act.

The Legal Argument: Unlawful Act Manslaughter

Prosecutors claimed Slingsby committed a criminal act causing death. They argued the injuries amounted to assault causing actual bodily harm, even if unintended. This relied on the view that any injury, whether intended or agreed to, could support a manslaughter charge.

The Court of Appeal’s Decision

The Court of Appeal overturned the manslaughter conviction. It reviewed the acts and absence of intent to harm. The Court ruled the sexual acts, being consensual, were lawful. The injuries were unintended results of a lawful act. Without a separate criminal act, manslaughter did not apply. Consent and the accidental nature of the harm excluded criminal liability.

Consent as a Defence

R v Slingsby demonstrates how consent impacts criminal liability. When individuals agree to lawful acts, accidental harm does not automatically lead to charges. The Court highlighted the victim’s agreement to the acts, removing grounds for assault claims. Without a distinct illegal act, manslaughter could not stand.

Comparing R v Slingsby to Other Cases

R v Slingsby differs from cases involving agreed acts with known harm risks, such as sadomasochism or fights. R v Brown [1994] 1 AC 212 addressed agreed acts causing deliberate harm. Slingsby focuses on accidental harm from lawful acts, while Brown dealt with harm limits in consented acts. Attorney General's Reference (No. 6 of 1980) [1981] QB 715 further clarifies consent limits in public order cases.

Impact of R v Slingsby

R v Slingsby alters how courts address accidental harm during lawful acts. It confirms manslaughter charges require a distinct criminal act. The decision states accidental harm from lawful, agreed acts is not criminal. This principle remains central to understanding consent, harm, and liability in English law.

Conclusion

The R v Simon Slingsby decision outlines essential principles for consent and accidental harm in criminal law. By requiring a criminal act for manslaughter, the Court clarified that accidental harm from lawful, agreed acts does not create liability. This distinguishes Slingsby from cases like R v Brown, which involved intentional harm. The ruling continues to guide courts in reviewing consent and act lawfulness when determining criminal responsibility. Its clear summary of these principles aids in applying criminal law to similar cases, emphasizing the need to confirm whether the original act was lawful.

The answers, solutions, explanations, and written content provided on this page represent PastPaperHero's interpretation of academic material and potential responses to given questions. These are not guaranteed to be the only correct or definitive answers or explanations. Alternative valid responses, interpretations, or approaches may exist. If you believe any content is incorrect, outdated, or could be improved, please get in touch with us and we will review and make necessary amendments if we deem it appropriate. As per our terms and conditions, PastPaperHero shall not be held liable or responsible for any consequences arising. This includes, but is not limited to, incorrect answers in assignments, exams, or any form of testing administered by educational institutions or examination boards, as well as any misunderstandings or misapplications of concepts explained in our written content. Users are responsible for verifying that the methods, procedures, and explanations presented align with those taught in their respective educational settings and with current academic standards. While we strive to provide high-quality, accurate, and up-to-date content, PastPaperHero does not guarantee the completeness or accuracy of our written explanations, nor any specific outcomes in academic understanding or testing, whether formal or informal.

Job & Test Prep on a Budget

Compare PastPaperHero's subscription offering to the wider market

PastPaperHero
Monthly Plan
$10
Assessment Day
One-time Fee
$20-39
Job Test Prep
One-time Fee
$90-350

Note the above prices are approximate and based on prices listed on the respective websites as of December 2024. Prices may vary based on location, currency exchange rates, and other factors.

Get unlimited access to thousands of practice questions, flashcards, and detailed explanations. Save over 90% compared to one-time courses while maintaining the flexibility to learn at your own pace.

Practice. Learn. Excel.

Features designed to support your job and test preparation

Question Bank

Access 100,000+ questions that adapt to your performance level and learning style.

Performance Analytics

Track your progress across topics and identify knowledge gaps with comprehensive analytics and insights.

Multi-Assessment Support

Prepare for multiple exams simultaneously, from academic tests to professional certifications.

Tell Us What You Think

Help us improve our resources by sharing your experience

Pleased to share that I have successfully passed the SQE1 exam on 1st attempt. With SQE2 exempted, I’m now one step closer to getting enrolled as a Solicitor of England and Wales! Would like to thank my seniors, colleagues, mentors and friends for all the support during this grueling journey. This is one of the most difficult bar exams in the world to undertake, especially alongside a full time job! So happy to help out any aspirant who may be reading this message! I had prepared from the University of Law SQE Manuals and the AI powered MCQ bank from PastPaperHero.

Saptarshi Chatterjee

Saptarshi Chatterjee

Senior Associate at Trilegal