Unlawful act manslaughter

Question 1

opening line

Answer 1

form on involuntary manslaughter committed when the d has caused the death of a person by an unlawful and dangerous act
didn’t have the mens rea of murder, r v mitchell

Question 2

what is the sentence

Answer 2

carries up to a life sentence but the judge has more discretion based upon case circumstances

Question 3

first requirement- criminal act

Answer 3

unlawful act must be criminal (lamb)
an omission will not give rise to a liability

Question 4

second requirement,-objectivelt dangerous

Answer 4

the unlawful act was an objectively dangerous act, the test comes from case of church

Question 5

what does the case of church outline- deemed dangerous if…

Answer 5

an act is deemed dangerous if a sober and reasonable person would foresee some harm to the v

risk may be only ‘some harm’, not serious harm. harm need not be aimed at the victim, but could be to property also

Question 6

third requirment- causation

Answer 6

factual- pagett
legal- smith/corion-auguiste

Question 7

last requirement- mens rea

Answer 7

must have mr to do the original act
as in Lebrun where the D’s punch was intentional so mr was present
d doesn’t need to foresee that their actions will result in some harm (newbury & jones)