Unlawful Act Manslaughter Flashcards
What is the definition of involuntary manslaughter?
The unlawful killing of a human being under the King’s peace without malice aforethought.
What are the two types of involuntary manslaughter?
- Unlawful Act Manslaughter
- Gross Negligence Manslaughter
Define Unlawful Act Manslaughter.
Committed when a person causes the death of another by performing an unlawful and dangerous act that is likely to cause harm but not serious harm.
What are the three elements of the actus reus for unlawful act manslaughter?
- An unlawful act
- That is dangerous
- Causes the death of the victim
What is required to establish an unlawful act in unlawful act manslaughter?
The unlawful act must be a crime, not a civil wrong (Fenton)
What is the test to determine if an act is a crime in the context of unlawful act manslaughter?
Would a crime have been committed if V had not died? (Lamb)
How is the dangerousness of an unlawful act determined?
It is decided objectively (Church), based on whether a sober and reasonable man would regard the act as dangerous (Larkin)
What are the two types of causation in unlawful act manslaughter?
- Causation in fact (Pagett)
- Causation in law (Jordan)
What is the mens rea required for unlawful act manslaughter?
The same mens rea required for the unlawful act (Newbury & Jones)
What is direct intention in terms of mens rea?
The main aim or purpose (Mohan)
What is subjective recklessness in terms of mens rea?
D realized the risk and decided to take it anyway (Cunningham)
What should be concluded regarding the potential guilt of D in unlawful act manslaughter?
D could potentially be found guilty or not guilty.
What is the maximum discretionary sentence for unlawful act manslaughter if found guilty?
Up to life imprisonment.
Fill in the blank: The actus reus of unlawful act manslaughter requires an unlawful act that is ______ and causes the death of the victim.
[dangerous]
True or False: The unlawful act in unlawful act manslaughter can be a civil wrong.
False
