unlawful act manslaughter

Question 1

intro ?

Answer 1

-d could be charged unlawful act manslaughter
-form involuntary manslaughter when the d has caused a death by a unlawful act
-but did not have men’s rea of murder (r v mitchell)

Question 2

First requirement ?

Answer 2

-unlawful act must be a criminal offence as in lamb where the act was not unlawful as the victim had no fear so no assault

Question 3

second requirement ?

Answer 3

-it must also be proven that the unlawful act was objectively dangerous
-the test (church) outlined that an act deemed as dangerous if a sober and reasonable person would foresee some harm to v
-the risk could be ‘some harm’ could also be property.

Question 4

third requirement ?

Answer 4

• the d must be the cause of v’s death
  -to establish causation ‘but for’ (pagett)

Question 5

fourth requirement?

Answer 5

-legal causation (operating and substantial cause of death) smith
-four intervening acts to be considered
-Kennedy a victim injecting drugs despite being aided by d will break chain of causation
-if sober d would not have been liable

Question 6

final requirement?

Answer 6

-d must have men’s rea to commit the criminal act
-lebrun where d’s punch was intentional so mens rea was established
-the d does not need to foresee that there actions will result in some harm (Newbury v jones)