R v Edwards

In the case of R v Edwards, the defendant was charged with manslaughter in relation to an incident that occurred at a hotel. The deceased, along with two friends, were being evicted from the hotel due to offensive and disorderly behaviour. An altercation ensued between the deceased and the security officers, which eventually involved seven security officers and a hotel staff member. The deceased was held down by Edwards in two headlocks for five and a half minutes. The accused was intermittently assisted by three or more security officers and a staff member in restraining the deceased. The cause of death was asphyxiation. The primary legal issues in this case were whether Edwards' actions caused the death, whether upper back pressure or vomit contributed to the asphyxiation, and whether Edwards' actions constituted manslaughter by unlawful and dangerous act or criminal negligence.

The court considered the objective test for manslaughter by unlawful and dangerous act, which required the accused's actions to be assessed by a reasonable hypothetical person with the knowledge, skills, and experience of the accused. The court also examined whether the accused's actions were performed to assist with a lawful arrest, whether they were performed for the purpose of self-defence or defence of others, and whether the actions were reasonably proportionate. In relation to manslaughter by criminal negligence, the court assessed whether Edwards breached the duty of care owed by security officers, whether the breach was of such a high degree as to warrant criminal sanction, and whether contributory negligence could operate as a defence.

The court found that Edwards' actions did not cause the death of the deceased, as the asphyxiation was primarily due to the combined effects of the headlocks and upper back pressure. The court also determined that Edwards' actions did not amount to manslaughter by unlawful and dangerous act, as they were performed to assist with a lawful arrest and were reasonably proportionate. In relation to manslaughter by criminal negligence, the court held that Edwards breached the duty of care owed by security officers, but the breach was not of such a high degree as to warrant criminal sanction.

The court acquitted Edwards of all charges.