Involuntary Manslaughter - Unlawful Act

Question 1

Define unlawful act manslaughter

Answer 1

D causes a death through doing an unlawful act that is objectively dangerous with the necessary mens rea for the unlawful act

Question 2

What counts as an unlawful act

Answer 2

• R v Franklin: civil wring not enough
• R v Lamb: must be a criminal offence
• R v Lowe: omission not enough

Question 3

Examples of unlawful act

Answer 3

• R v goodfellow: arson
• R v Watson: Burglary
• Newbury: criminal damage

Question 4

Define a dangerous act

Answer 4

R v church - ‘reasonable person inevitably recognise… the risk of some harm…’ - D doesn’t have to realise risk

Question 5

Examples of transferred malice

Answer 5

R v Larkin

R v Mitchel

Question 6

What does R v JS&SM state

Answer 6

Only had to foresee some harm

Question 7

Can an act be against property?

Answer 7

Yes - R v goodfellow

Question 8

Example of the foreseeability of some harm

Answer 8

R v Dawson - heart attack not expected (not convicted)

R v Watson - heart attack expected (convicted)

Question 9

Examples of the act not causing the death (breaking of chain)

Answer 9

R v Williams - not reasonable v own act broke chain

R v Kennedy - v injected himself thus breaking chain

Question 10

Define the mens rea for unlawful death

Answer 10

Newbury - d does not have to foresee any harm from his/ her act