Unlawful Act manslaughter Flashcards
What is unlawful act manslaughter
A type of involuntary manslaughter which is an unlawful killing where the defendant does not have the men’s rea for murder
Howany elements must be satisfied
4
What is the element
There must be a positive and unlawful act by the defendant which means criminal offence Larkin lamb
Second element
The unlawful act must be dangerous. This is an objective test where the court will consider whether the reasonable person would recognise a risk of some physical harm not necessarily the harm which results in death Dawson Watson church
Third element
There must be the necessary men’s rea for the unlawful act there is no need to intend or foresee any harm Newbury and Jones Goodfellow
Fourthly
The unlawful act must cause the victims death so the rules on causation must be satisfied corbett