harm occurring to the victim, but added that in applying this test, the reasonable person was to be imbued with all the knowledge that the defendant had gained throughout his burglarious trespass (ie his realisation of the victim's frailty) and not just the defendant's limited or non-existent knowledge at the moment he first entered the property. Note : On this basis therefore, the burglary did constitute a dangerous unlawful act, but only because the court assumed that the defendant, during the course of the unlawful act, must have become aware of the frailty of the victim. R v Ball [1989] Crim LR 730 The defendant had been involved in a dispute with his neighbour, the victim, over her parking her vehicle on his land. The victim, accompanied by two men, called on the defendant to investigate the disappearance of her vehicle. An argument developed which culminated in the defendant grabbing a handful of cartridges, loading his shotgun, and firing at the victim. The victim was killed in the attack. The defendant was acquitted of murder, on the basis that he had honestly believed that he had loaded the gun with blank cartridges and had only intended to frighten the victim, but was convicted of manslaughter. The defendant appealed on the basis that the trial judge had erred in directing the jury as to how they should have assessed the 'dangerousness' of his unlawful act, in that they had not been told to bear in mind the defendant's mistaken belief, that