There was a recent incident in London that has been all over the news where protesters blocked a road and eventually ended up blocking an ambulance. It was stated that they were aware of the ambulance yet still refused to move. Assume a hypothetical scenario where this ambulance was responding to a time sensitive incident, i.e, a stabbing victim, who was therefore suffering from blood loss, and it could be conclusively proven that the delays caused by these protesters were the sole reason that this victim ended up dying from a survivable injury. Could the protesters be charged with manslaughter, assuming it was evident they were aware of the ambulance's presence?
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Charged? Of course, the police can charge you with anything at any time
Could you be convicted?
Their best shot is charging you with “Manslaughter by an unlawful and dangerous act” also called constructive manslaughter.
The Crown must prove your act:
- was intentional,
- was unlawful,
- leads the reasonable person to realise that some other person is at risk of physical harm, and
- caused the death.
The first two are uncontestable: the protesters are deliberately engaging in an illegal act. No 3 would be up to the jury. No 4 is also up to the jury and would turn on the evidence that the delay to the ambulance caused the death.
Toby Speight
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