unlawful act manslaughter

Question 1

1) there must be an unlawful act

Answer 1

-must be a positive act
-must be a crime
-can be any crime
-can be property crime
-need not aimed at v

Question 2

2. the unlawful act must be dangerous

Answer 2

-objective test: it is dangerous if the reasonable and sober man would recognize that D’s acts subjects others to a risk of harm
-burglary may be dangerous if D is old and frail
-d does not need to realize risk or specific type of risk

Question 3

3. causation

Answer 3

factual: “but for” D’s unlawful act, V would not have died
legal: D’s unlawful act is the substantial cause of V’s death

Question 4

3. causation

Answer 4

-need not be the sole cause of death
-if D injects V with drugs, he is liable
-if D supplies drugs but V voluntarily injects themselves, V has broken chain of causation
-can be a series of unlawful acts

Question 5

4. MR of the unlawful act

Answer 5

-D need not know the act is unlawful or dangerous