Involuntary Manslaughter- Unlawful Act

Question 1

The act must be unlawful (A.R.)

Answer 1

The act must be a crime itself
R v Lamb: there was no unlawful act as no assault had been committed
It must not be an omission
R v Lowe: the appellant’s child died from neglect

Question 2

The unlawful act must be considered dangerous (A.R.)

Answer 2

The test for dangerousness was established in R v Church, and it is an objective test
The question is: would a reasonable person see a risk of some harm resulting from the act?
The act does not need to be aimed at the victim ~ R v JM & SM
If a sober and reasonable person would regard the act as dangerous, the test is satisfied ~ R v Larkin
There is no requirement of the unlawful act being directed to a person ~ Goodfellow

Question 3

The act must be the substantial cause of death (A.R.)

Answer 3

The act must be the substantial cause of death
R v Dalby: the supply of drugs was not the cause of death, therefore the conviction of manslaughter was quashed ~ intervening act
There must be an active participation ~ R v Cato

Question 4

Mens Rea (M.R.)

Answer 4

The D does not require any mens rea that shows that he or she intended or foresaw a risk
The mens rea of unlawful act is either intent or recklessness
There is no need to prove the mens rea as regards to the death, only the unlawful act