Unlawful Act Manslaughter

Question 1

A person is guilty of unlawful act manslaughter if…

Answer 1

he commits an unlawful criminal act, which is objectively dangerous in that it is likely to cause ‘some harm’, and causes death with the MR of that criminal act

Question 2

If D does not satisfy all 4 elements of the crime, the death is classified as what?

Answer 2

‘accidental’

Question 3

Lowe 1973

Answer 3

must be an act, an omission is insufficient

Question 4

must be an act, an omission is insufficient

Answer 4

Lowe 1973

Question 5

Lamb 1967

Answer 5

The act must be unlawful

Question 6

The act must be unlawful

Answer 6

Lamb 1967

Question 7

• The unlawful act can be committed against a person
• The specific physical injury doesn’t have to be foreseen

Answer 7

JM and SM 2012

Question 8

JM and SM 2012

Answer 8

• The unlawful act can be committed against a person
• The specific physical injury doesn’t have to be foreseen

Question 9

The unlawful act can be committed against property

Answer 9

Goodfellow 1986

Question 10

Case in which burglary was a sufficient unlawful act

Answer 10

Watson 1989

Question 11

Goodfellow 1986

Answer 11

The unlawful act can be committed against property

Question 12

Case in which arson was a sufficient unlawful act

Answer 12

Goodfellow 1986

Question 13

What must the unlawful act be?

Answer 13

dangerous in that it is likely to cause ‘some harm’

Question 14

Unlawful acts that have been successfully prosecuted

Answer 14

• Arson
• Criminal damage
• Burglary

Question 15

Case in which criminal damage was a sufficient unlawful act

Answer 15

Newbury and Jones 1976

Question 16

Watson 1989

Answer 16

Burglary can be a sufficient unlawful act

Question 17

What criminal act is insufficient of being an unlawful act for the purposes of unlawful act manslaughter?

Answer 17

• Supplying another person with drugs
• If D didn’t administer the drugs, they did not commit the unlawful act

Question 18

Church 1965

Answer 18

The unlawful act must be dangerous

Question 19

The unlawful act must be dangerous

Answer 19

Church 1965

Question 20

What does ‘dangerous’ mean?

Answer 20

Likely to result in ‘some harm’

Question 21

Likely to result in ‘some harm’

Answer 21

Dangerous

Question 22

What must be established to determine whether the act was dangerous?

Answer 22

A sober, reasonable person would recognise a risk of some physical harm to a person

Question 23

Burglary could be considered objectively dangerous as soon as V’s frail condition became apparent to the sober and reasonable man

Answer 23

Bristow, Dunn and Delay 2014

Question 24

Bristow, Dunn and Delay 2014

Answer 24

Burglary could be considered objectively dangerous as soon as V’s frail condition became apparent to the sober and reasonable man

Question 25

Dawson 1985

Answer 25

Must be a risk of physical harm, not mental

Question 26

Must be a risk of physical harm, not mental

Answer 26

Dawson 1985

Question 27

D does not have to foresee or intend what?

Answer 27

- the harm - they will be penalised for it because they should have foreseen it

Question 28

What must be applied when establishing whether the criminal act caused death?

Answer 28

legal and factual tests of causation

Question 29

Williams 1992

Answer 29

if the act was not aimed at V, this does not break the chain of causation as long as the person at whom they aimed behaved foreseeably

Question 30

If the act was not aimed at V, this does not break the chain of causation as long as the person at whom they aimed behaved foreseeably

Answer 30

Williams 1992

Question 31

Mitchell 1983

Answer 31

No need for direct contact, as long as V was killed as a ‘direct and immediate result of his act’

Question 32

No need for direct contact, as long as V was killed as a ‘direct and immediate result of his act’

Answer 32

Mitchell 1983

Question 33

V breaks the chain of causation when they take drugs that D has prepared for them

Answer 33

Kennedy 2007

Question 34

Kennedy 2007

Answer 34

V breaks the chain of causation when they take drugs that D has prepared for them

Question 35

NO need to prove beyond reasonable doubt that...

Answer 35

V would be alive but for D's act, just that it was the operating and substantial cause of death

Question 36

Elements of unlawful act manslaughter

Answer 36

- unlawful criminal act - dangerous act - criminal act must cause death - MR of the criminal act

Question 37

The harm does not have to be what?

Answer 37

Foreseen or intended

Question 38

Newbury v Jones 1976

Answer 38

- criminal damage is a sufficient unlawful act - harm does not have to be foreseen or intended