Involuntary Manslaughter: Unlawful Act Manslaughter

Question 1

Involuntary manslaughter

Answer 1

An unlawful killing where the d doesn’t have have the intention to kill or cause GBH
Common law offence
Max life imprisonment

Question 2

When is involuntary manslaughter applied?

Answer 2

When the actus reus is proven but only a lower level of mens rea can be demonstrated

Question 3

Unlawful act manslaughter

Answer 3

Liability is built up from the fact the d has done a dangerous and unlawful act which has caused death
Makes them liable even though they didn’t realise there was risk of death or serious injury

Question 4

4 part test to prove liability

Answer 4

1. D must do unlawful act
2. Act must be dangerous according to an objective test
3. Act must cause death
4. D must have the mens rea for the act

Question 5

Unlawful act
Case

Answer 5

Lamb 1967
Friends messing with gun
Knew it had 2 bullets but didn’t think it would shoot
Lamb fired killing friend
Not unlawful as there was no assault as the friend had no fear

Question 6

Unlawful act
Omissions case

Answer 6

Khan and khan 1998
D supplied prositute with heroin who self injected
Returned next day and she had died
Not liable as they had failed to help which is an omission and an omission can’t create liability

Question 7

Dangerous act

Answer 7

Set out in church 1966
Sober and reasonable people would recognise the risk of some harm coming to another person

Question 8

Larkin 1943

Answer 8

D threatened another man with a knife
Mistress tired to get in between, drunk and fell on knife
Conviction upheld because he was guilty of assault and it was a dangerous

Question 9

Mitchell 1983

Answer 9

Post office queue
D threatened one man and punched him
V fell on old lady and killed her

Question 10

Some harm
Case

Answer 10

JM and SM
asked to leave the club because of smoking
returned to kick fire door and this resulted in a fight with the bouncer
bouncer collapsed and died
medical evidence showed that fight was a substantial cause of his death

Question 11

Some harm property

Answer 11

act can be aimed at property and still be liable as long as all sober and reasonable people would recognise the risk to a person and some harm coming from the act on the property

Question 12

Some harm property
Case

Answer 12

goodfellows 1986
set fire to council house to get rehomed
fire got out of control
killed family

Question 13

Risk of harm

Answer 13

includes causing a person to suffer from shock but this doesn’t include emotional disturbance

Question 14

Watson 1989

Answer 14

2 ds threw brick through window with intention to steal
v was 89 and frail
came to investigate and ds abused him
v died of heart attack 90 mins later
held that they had realised he was frail and still continued

Question 15

Causing the death

Answer 15

unlawful act must cause the death
causation applies

Question 16

Cato

Answer 16

d and v prepared to inject heroin and water
injected each other
1 died
d convicted with unlawful act manslaughter
problem occurs where someone else prepares injection and v injects themselves