IM: Unlawful Act (Constructive)

Question 1

involuntary manslaughter def

Answer 1

an unlawful killing where the d does not have the men’s rea for murder (malice aforethought)

Question 2

Larkin, Lamb

Answer 2

1) must be a positive and unlawful act by the d, which means a criminal offence

Question 3

Lowe

Answer 3

1) not an omission

Question 4

Mitchell

Answer 4

1) the act need not be directed at v

Question 5

Goodfellow

Answer 5

1) the act need not be directed at a person

Question 6

Church

Answer 6

2) the unlawful act must be dangerous
- obj test: court consider whether the r person would recognise “a risk of som physical harm, not necessarily the harm which results in death”

Question 7

Newbury & Jones, Goodfellow

Answer 7

3) must be the necessary mr for the unlawful act, no need to intend/foresee any harm

Question 8

Corbett, Kennedy

Answer 8

4) the unlawful act must cause v’s death, satisfy causation

Question 9

White, Pagett

Answer 9

4) factual causation- “but for”

Question 10

Smith, Pagett

Answer 10

4) legal causation

Question 11

Corbett, Roberts

Answer 11

4) NAI- victims own act

Question 12

Pagett

Answer 12

4) NAI- act of a 3rd party

Question 13

Cheshire, Jordan

Answer 13

4) NAI- medical negligence

Question 14

Blaue

Answer 14

4) NAI- thin skull rule

Question 15

UA checklist

Answer 15

1) positive act, x omission, x direct at v/p (L,L,L,M,G)
2) dangerous, obj test & some harm (C)
3) mr, i/r (N&J, G)
4) causation (C,K,W,P,S,P,C,R,P,C,J,B)