Unlawful Act Manslaughter

Question 1

Definition

Answer 1

Involuntary - defendant does not intend to kill or cause GBH (lesser MR)

Question 2

Also known as

Answer 2

Constructive manslaughter

Question 3

The act must be unlawful (1/3)

Answer 3

(R v Franklin) - only offences against criminal law
(R v Lamb) - all elements of the offence must be present
(R v Larkin) - does not need to be directed at the victim

Question 4

The act must be dangerous (2/3)

Answer 4

(R v Church) “unlawful act must be such as all sober and reasonable people would inevitably recognise” - risk of some harm.
Objective test - reasonable person is an observer.

(R v Dawson) - reasonable person is unaware of medical conditions

(R v Watson) - age and frail will be taken into account

(R v Mitchell) - doesn’t need to be directed

Question 5

The act must cause death (3/3)

Answer 5

Normal rules of factual and legal cause apply.

Question 6

MR

Answer 6

(DPP v Newbury)
Have to have the MR for the unlawful act committed (no requirement for ensuing death)