Involuntary Manslaughter- unlawful act

Question 1

what is involuntary manslaughter?

Answer 1

unlawful killing where D does not have intention, direct or oblique, to kill or to cause GBH.

Question 2

what is unlawful act manslaughter also known as?

Answer 2

‘constructive manslaughter’- liability for death is built up, constructed from fact D has done a dangerous unlawful act

Question 3

what is unlawful act manslaughter?

Answer 3

where D causes a death through doing an unlawful act that is objectively dangerous with the necessary men’s rea for the unlawful act.

Question 4

what are the elements of unlawful act manslaughter?

Answer 4

• D must do an unlawful act (a crime)
• the act must be dangerous on an objective test
• the act must cause the death
• D must have the required mens rea for the unlawful act

Question 5

can an unlawful act be a tort?

Answer 5

no, can’t be civil wrongdoing, R v Franklin, civil wrong not enough to create liability

Question 6

what case illustrates there must be a criminal unlawful act?

Answer 6

R v Lamb, pointing gun at friend was not assault as friend did not fear any violence

Question 7

can an omission be enough for liability?

Answer 7

no, R v Lowe, neglecting baby

Question 8

R v Church and dangerous act?

Answer 8

act must be ‘such as all sober and reasonable people would inevitably recognise must subject the other person to the risk of some harm albeit not serious harm
, does not matter if D did not realise risk of harm to others

if sober and reasonable person realises the unlawful act may cause some injury, then this part of test is satisfied.

Question 9

R v Larkin

Answer 9

need for unlawful act and objective risk of some harm- threatening man with razor is assault and its dangerous as its likely to injure someone
clear that the act need not be aimed at the V

Question 10

which cases show that the act need not be aimed at V?

Answer 10

R v Larkin,

R v Mitchell

Question 11

not necessary to foresee the particular type of harm V suffers?

Answer 11

not necessary, it is enough sober and reasonable person would foresee some harm
R v JM and SM

Question 12

act against property?

Answer 12

R v Goodfellow, unlawful act need not be aimed at a person, can be aimed at property if there’s risk of ‘some harm’
arson- unlawful

Question 13

risk of harm?

Answer 13

refers to physical harm, causing fear, apprehension is not sufficient

Question 14

R v Dawson, risk of harm

Answer 14

caused fear through attempted robbery, not ‘dangerous act’, heart attack not due to physical harm

Question 15

R v Watson, risk of harm

Answer 15

act of burglary could be ‘dangerous’ as soon as old man’s condition became apparent to reasonable man, where reasonable man aware of the V’s frailty and risk of physical harm to him, D will be liable

Question 16

R v Bristow, Dunn and Delay

Answer 16

if act carried out in a way as to make offence ‘dangerous’, may amount to unlawful act

Question 17

causing the death

Answer 17

unlawful act must cause the death, causation is same as murder, if there’s an intervening act then no liability

Question 18

R v Cato

Answer 18

D and V prepared injections, injected each other, V

died, no break in chain of causation

Question 19

R v Kennedy (2007)

Answer 19

D prepared injection, V self-injected and died, V’s voluntarily injecting heroin is an intervening act that broke chain of causation

Question 20

what is the mens rea for unlawful act manslaughter?

Answer 20

D must have mens rea for unlawful act , not necessary that D realised the act is unlawful or dangerous

Question 21

not necessary for D to realise act is unlawful or dangerous

Answer 21

DPP v Newbury and Jones, not necessary to foresee any harm from act