R v William Bennett
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1858 |
| Date | 01 January 1858 |
| Court | High Court |
English Reports Citation: 169 E.R. 1143
IN THE COURT OF QUEEN'S BENCH AND THE COURTS OF ERROR
S. C. 28 L J M C. 27; 32 L. T O S. 110; 22 J. P 757; 4 Jur N S 1088; 7 W R 40; 8 Cox C C. 74
CROWN CASES Reserved for Consideration; and Decided by the JUDGES OF ENGLAND, with a Selection of Cases and Notes of Cases relating to Indictable Offences, Argued and Determined in the COURT OF QUEEN'S BENCH and the COURTS OF ERROR. By THOMAS BELL, of the Inner Temple, Esq., Barrister-at-Law. From Michaelmas Term, 1858, to Michaelmas Term, 1860. London, 1861. [1] 1858. regina v william bennett. (The defendant was convicted of manslaughter It appeared that the defendant was a person who made firewwks contrary to stat 9 & 10 Wm III c 7 He kept a quantity of combustibles at his house for the purpose ot his business as a maker of fireworks ; and during his absence, through the negligence of his servants, a fire broke out amongst such combustibles and a rocket becoming thereby ignited flew across the street, and setting fire to a house opposite caused the death of a person therein. Held, that the conviction was wrong, as the death was not occasioned by the unlawful act of the defendant, but by the negligence of his servants ) [S. C. 28 L J M C. 27 ; 32 L. T 0 S. 110 ; 22 J. P 757 ; 4 Jur N S 1088 ; 7 W R 40 ; 8 Cox C C. 74 ] The following case was reserved by Willes J. William Bennett was convicted before me at the Old Bailey on the 18th of August, 1858, of the manslaughter of Sarah Williams. The substantial question is whether a person who makes fireworks, contrary to the 9 & 10 Wm. III. c. 7, is indictable for manslaughter if death be caused by a fire breaking out amongst combustibles in his possession, collected by him, and in the course of use, for the purpose of his business, but not completely made into fireworks at the time. [2] The prisoner had a house and firework shop in the Westminster Road, where, for some time before the fire hereinafter mentioned, he openly carried 011 the business of selling fireworks He had also a workshop at a neighbour's named Sunter, and a factory at Peckham. He had contracts to supply Vauxhall and Cremorne Gardens with fireworks, which he regularly did in considerable quantities He made and kept his stock of fireworks at the factory at Peckham. From thence he used to take the supply necessary for the Gardens daily to the house in the Westminster Road, where they used to be kept for two or three hours until...
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