Unlawful act Flashcards
Do you need to do a paragraph on involuntary manslaughter for an unlawful act question?
No
What is involuntary manslaughter?
Killing without the intention to cause GBH or kill the victim. Evidence of some form of reckless or negligent behaviour
Sentence
Custodial sentence of up to 18 years
Define unlawful act manslaughter
When the defendant has committed some form of unlawful and dangerous act which resulted in death. No intention for this death to occur
What are the elements of unlawful act manslaughter?
- Unlawful Act
- Dangerous Act
- Act that causes death
- Act for which the defendant has the mens rea
- What must the act be?
Criminal but does not need to be serious. It also must be a voluntary act and not accidental
- Who recognises some risk of harm?
A reasonable person would. This risk doesn’t need to be serious
- What must the unlawful dangerous act be?
The substantial cause of the victim’s death
What happens if there are a series of acts?
It is only necessary to prove that one would have caused the death
- What does the defendant need?
The mens rea for whatever unlawful act they have committed.
- Does there need to be intention to cause harm?
No
