Involuntary Manslaughter - Unlawful Act Flashcards
All steps?
Act + definition
1) Unlawful Act
2) The Unlawful Act must be dangerous
3) Causing death ( causation )
4) MR of the unlawful act
5) Conclusion
Intro is…?
D may be liabe/charged with Unlawful act manslaughter.
Act for ?
No act
Definition of + case?
None
Step 1?
Unlawful Act
4 things for step 1+ cases?
A) Must be a positive act or an ommision (Lowe)
B) Must be a crime (Lamb)
C) Can ne any crime (Larkin), including property crime (Good fellow, Newbury and Jones)
D) Need not be aimed at V
What is Step 2?
Unlawful Act must be dangerous
3 things for step 2 + cases?
A) Is an objective test - If it is dangeous the sober and reasonable man would recognise that Ds act subject another to a risk of harm - doesnt have to be serious (Church)
B) Bulgalry may be dangerous if apperant to the reasonable man that D was old and frail. (Watson)
C) D does not need to realise that there is a risk of harm or a specific type of harm ( JM and SM )
Step 3? ( two parts)
Causing death (causation)
Part one for step 3?
Factual Causation
“but for” (White)
Part two for step 3?
Legal Causation
A) Ds unlawful act is the substantial cause of Vs death ( Corion-Auguiste)
B) It needs not be the sole cause of death (Shohid)
C) If D injects V with the drugs and subsequently dies then he is liable for UAM
(Cato)
D) Where D supplies drugs to V but V voluntary injects themselves V has broken chain of causation (Kennedy)
E) Can be a series of unlawful acts, no need to establish the actual cause of death. (AG’s Ref 4 of 1980)
Step 4?
MR of the unlawful act
3 things for step 4?
A) D must have the mens rea for the unlawful act; D need not know the act is unlawful or dangerous (Newbury Jones)
B) D does not require any additional means rea for the death.
Apply the relevant mens rea.
Step 5?
D is / ia not criminally liable for Unlawful Act Manslaughter
