Unlawful act manslaughter

Question 1

Define involuntary manslaughter.

Answer 1

The unlawful killing where D does not have the intention either direct or oblique, to kill or cause Section 18 GBH.

This lack of intention is what distinguishes involuntary manslaughter from murder.

Question 2

What is unlawful act manslaughter also called?

Answer 2

Constructive manslaughter.

Question 3

What is the maximum sentence for unlawful act manslaughter?

Answer 3

Life imprisonment.

Question 4

What cases can be used for unlawful act manslaughter?

Answer 4

Lamb,
Larkin,
Mitchell,
Goodfellow,
Dawson,
and Watson.

Question 5

What are the two ways of committing involuntary manslaughter?

Answer 5

Unlawful act (constructive) and gross negligence.

Question 6

Explain unlawful act manslaughter.

Answer 6

The liability for the death is built up or constructed from the facts that D has done a dangerous unlawful act that caused the death. This makes the D liable even though he did not realize that death or injury might occur.

Question 7

What are the four steps of unlawful act manslaughter?

Answer 7

1. D does an unlawful act.
2. has mens rea for unlawful act.
3. Dangerous on objective test.
4. Unlawful act causes the death

Question 8

Explain the case of Lamb.

Answer 8

Two boys playing with a revolver, one of the boys pointed the gun at the other and the gun went off, killing the boy. The D was charged with constructive (unlawful act) manslaughter.

Question 9

What does ‘unlawful act’ mean in relation to unlawful act manslaughter?

Answer 9

The death must be caused by an unlawful act and this act must be a criminal offence.

Question 10

What does ‘dangerous act’ mean in relation to unlawful act manslaughter?

Answer 10

The unlawful act must be dangerous on an objective test: if a reasonable person realizes that the unlawful act might cause some injury then this part of the test is satisfied. It does not matter that D did not realize there was any risk of harm to another person.

Question 11

Explain the case of Larkin.

Answer 11

D waved a razor around to frighten his mistress’ lover. His drunk mistress fell upon the razor and died. D was convicted of unlawful act manslaughter.

Question 12

Explain the case of Mitchell.

Answer 12

D pushed another man who fell onto an elderly lady, causing the lady injuries from which she later died. D was guilty of manslaughter.

Question 13

Explain the case of Goodfellow.

Answer 13

D set fire to his house to be re-housed. His wife, son, and son’s girlfriend all died in the fire. Convicted of manslaughter.

Question 14

Explain the CONTRASTING case of Dawson.

Answer 14

D and two others carried out an attempted robbery at a petrol station. The cashier was a 60-year-old man, suffering from heart disease. Dawson pointed a replica handgun at V, demanding money. V died from a heart attack. D’s were not convicted of manslaughter, due to their unknowing of the heart condition

Question 15

Explain the case of Watson.

Answer 15

D and another threw a brick through V’s house. Unaware that V was elderly, and seriously ill they entered, verbally abused him, and left. Within 90 minutes V dies. D was convicted of constructive manslaughter, the unlawful act was burglary.

Question 16

Explain the case of Dalby.

Answer 16

D supplied diaconal to V, who self-injected. D’s conviction for manslaughter was quashed because CA held that the self-injection was a voluntary act by V, breaking the chain of causation.

Question 17

Explain the case of Kennedy.

Answer 17

D prepared a heroin injection for V to inject himself. D did the acts of preparing the syringe and handing it to the V, encouraging and or assisting the V in the act of self-injecting. D was convicted of manslaughter.

Question 18

Explain the case of Dias.

Answer 18

D prepared a syringe of heroin for V who injected himself. When D recovered from the effects of the heroin he realised that the V was very ill. He asked a passerby to call an ambulance and then left the scene. D’s conviction of manslaughter was quashed.

Question 19

Explain the case of Rogers.

Answer 19

D helped V to inject himself by applying a tourniquet. D committed the unlawful act of administering a noxious substance and was guilty of manslaughter.