Unlawful Act Manslaughter

Question 1

What 3 points must be established for unlawful act manslaughter?

Answer 1

1. The accused committed an unlawful act
2. The act was dangerous in the sense that a sober and reasonable person would inevitably recognise that it carried some risk of harm
3. It was the unlawful act of the accused which CAUSED the victim’s death

Question 2

What cases do you need for the AR of ‘the accused committed an unlawful act’?

Answer 2

R vs Lamb
R vs Gray
R vs Corion-Auguiste

Question 3

What is the POL from R vs Lamb and R vs Gray?

Answer 3

There was no fear, meaning no assault was committed = no unlawful act

Question 4

What is the POL from R vs Corion-Auguiste?

Answer 4

Fear was instilled in the old lady so there was an assault and an unlawful act was committed

Question 5

What is the case for MR of ‘the accused committed an unlawful act’?

Answer 5

DPP vs Newbury and Jones

Question 6

What is the POL from DPP vs Newbury and Jones?

Answer 6

They didn’t have the MR for the killing but they did for the original act so they were liable

Question 7

What are the cases for ‘The act was dangerous in the sense that a sober and reasonable person would inevitably recognise that it carried some risk of harm’?

Answer 7

R vs Church
R vs Wooley and Campbell
R vs JM and SM

Question 8

What is the POL from R vs Church?

Answer 8

He had acted unlawfully towards the woman in a way that a sober and reasonable person would see it as dangerous and would recognise that it carried some risk of harm

Question 9

What is the POL from R vs Wooley vs Campbell?

Answer 9

Old man was so frightened that he had a heart attack and died

Was held that the harassment was dangerous and that it carried a risk of harm, they were both convicted

Question 10

What is the POL from R vs JM and SM?

Answer 10

As long as some harm is foreseeable it does not matter what form that harm actually takes

Question 11

What are the cases for ‘It was the unlawful act of the accused which caused the victim’s death’?

Answer 11

R vs Goodfellow
R vs Carey

Question 12

What is the POL from R vs Goodfellow?

Answer 12

The act doesn’t need to be aimed act the victim it just needs to cause their death

Question 13

What is the POL from R vs Carey?

Answer 13

The unlawful and dangerous act must cause the death of the victim

Question 14

What cases do you use if drugs are involved?

Answer 14

R vs Dalby
R vs Kennedy

Question 15

What is the POL from R vs Dalby?

Answer 15

It was the injection which caused death and as this was a voluntary act by the victim, the chain of causation was broken and the defendant was acquitted

Question 16

What is the POL from R vs Kennedy?

Answer 16

Even though the defendant supplied the drug and prepared it in the syringe, the victim still injected himself voluntarily which broke the chain of causation

Question 17

What do you have to include at the end of point 3?

Answer 17

Legal and Factual Causation

Question 18

What is factual causation and the case for it?

Answer 18

‘But for’ test
R vs White

Question 19

What is the POL from R vs White?

Answer 19

‘But for’ the defendant’s actions his mum would’ve died anyway

Question 20

What are the points for legal causation?

Answer 20

1. Operative and substantive cause of death
2. Intervening acts
3. Thin Skull Test

Question 21

What is the case for the operative and substantive cause of death?

Answer 21

R vs Smith

Question 22

What is the POL from R vs Smith?

Answer 22

The medical negligence did not overwhelm the stab wound which remained the operative and substantive cause of death

Question 23

What is the case for intervening acts?

Answer 23

R vs Muhamed

Question 24

What is the POL from R vs Muhamed?

Answer 24

It was reasonably foreseeable that driving a very old car might be dangerous so the tyres blowing out was not an intervening act

Question 25

What is the case for the thin skull test?

Answer 25

R vs Blaue

Question 26

What is the POL from R vs Blaue?

Answer 26

The defendant does not need to know of their victims pre-existing conditions and they must take their victim as they find them