Fatal offences- INVOLUNTARY MANSLAUGHTER/UNLAWFUL ACT MANSLAUGHTER.

Question 1

1. ACTUS REUS?

Answer 1

The elements of unlawful act manslaughter according to LAMB:

1. D must do an unlawful act; and
2. the unlawful act was dangerous; and
3. the unlawful act caused V’s death; and
4. D had the required mens rea for the unlawful act.

Question 2

2. LAMB?

Answer 2

The unlawful act must be a crime.

Question 3

2. LOWE?

Answer 3

An omission is insufficient.

Question 4

2. GOODFELLOW?

Answer 4

D’s unlawful act need not be aimed at V or even a person, it could be aimed at property.

Question 5

3. CHURCH?

Answer 5

The unlawful act must be dangerous, in CHURCH, it was held that a reasonable man must force a risk of some harm.

Question 6

4. CAUSATION OF UNLAWFUL ACT?

Answer 6

The unlawful act must be both a cause in fact and law of V’s death. If there is an intervening act which breaks the chain of causation then D cannot be liable for unlawful act manslaughter.

Question 7

5. MENS REA?

Answer 7

It must be proved that d had the mens rea for the unlawful act