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R v Arobekieke [1988] Crim LR 314 Court of Appeal

A train was stationary at a train station. The appellant peered into a railway carriage looking for the victim. The victim was fearful of the appellant and jumped out of the carriage and started to run off. He was electrocuted when he stepped onto a live rail. He was convicted of constructive manslaughter and appealed.

Held:

The appeal allowed and the manslaughter conviction was quashed. Whilst the victim did apprehend immediate unlawful personal violence, the appellant's actions did not constitute an assault. There was thus no unlawful act.
 
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