unlawful act manslaughter

Question 1

element 1

Answer 1

defendant must have committed an unlawful criminal act

Question 2

what is an unlawful criminal act

Answer 2

in many cases it will be a nonfatal offence, but any criminal offence can form unlawful act, provided its objectively dangerous

Question 3

case for offence can’t be an omission

Answer 3

R v Lowe

Question 4

case for offence can’t be a tort

Answer 4

R v Franklin

Question 5

case for an unlawful act

Answer 5

R v Newbury and Jones

Question 6

element 2

Answer 6

defendants unlawful act must be dangerous on an objective test

Question 7

what case did the court outline the test for dangerousness

Answer 7

Church

Question 8

what is the test for dangerousness established in Church

Answer 8

‘all sober and reasonable people would inevitably recognise must subject the other person to the risk of some harm, albeit not serious harm’

Question 9

element 3

Answer 9

defendants act must cause death of the victim - factual and legal causation

Question 10

what is factual causation + case

Answer 10

tested using the ‘but for’ test
Pagett/White

Question 11

what is legal causation + case

Answer 11

Defendants actions must have made a significant contribution to the result
Lord Goff in Pagett

Question 12

what is element 4

Answer 12

the defendant must have the mens rea for the unlawful act which caused the victims death
(need only the mens rea for original unlawful act)