Unlawful Act Manslaughter Flashcards
What is involuntary manslaughter?
D may be liable for unlawful act (constructive) manslaughter. There are 4 elements that must be satisfied.
What is the first element of unlawful act manslaughter?
There must be a positive and unlawful act - a criminal offence, and not an omission.
Examples: Franklin, Larkin, Lamb, Lowe.
Does the unlawful act need to be directed at the victim?
No, the unlawful act need not be directed at the victim or a person.
Examples: Mitchell, Goodfellow.
What is the second element of unlawful act manslaughter?
The unlawful act must be dangerous, which is an objective test considering whether a reasonable person would recognize a risk of some physical harm.
Examples: Bristow, JM and SM, Dawson, JF and NE, Watson, Church.
What is the third element of unlawful act manslaughter?
There must be the necessary mens rea for the unlawful act. There is no need to intend or foresee any harm.
Examples: Newbury and Jones, Goodfellow.
What is the fourth element of unlawful act manslaughter?
The unlawful act must cause the victim’s death, so the rules on causation must be satisfied.
Examples: Corbett, Kennedy.
What is the test for factual causation?
The but for test, where the harm would not have occurred but for the defendant.
Examples: White, Pagett, Hughes.
What is the test for legal causation?
Whether the defendant is the operating and substantial, significant more than minimal cause.
What is the legal cause of death in the context of D hitting V?
D hitting V was probably the legal cause of death as it was the operating and substantial cause, being the significant, more than minimal cause of death.
(Smith, Pagett)
What can break the chain of causation?
A novus actus interveniens (intervening act) can break the chain of causation if it was not reasonably foreseeable.
(Corbett, Roberts and Kennedy)
What happens if the victim’s act is unforeseeable?
If V jumped into the road which was unforeseeable, it will break the chain of causation.
(Corbett, Roberts and Kennedy)
What happens if the victim’s response to D’s actions is foreseeable?
If V’s response to D’s actions was foreseeable, it will not break the chain of causation.
(Corbett, Roberts and Kennedy)
What is the effect of a third party act on the chain of causation?
X’s actions can either break or not break the chain of causation depending on whether they were foreseeable.
(Pagett)
How does medical negligence affect the chain of causation?
Medical negligence is usually an intervening act that will not break the chain of causation unless it is considered very serious (‘palpably wrong’).
(Cheshire, Jordan)
What is the thin skull rule?
Under the thin skull rule, D is expected to ‘take his victim as he finds them’, meaning D cannot blame V for her extreme reaction if she has a hidden weakness.
(Blaue)
What is the conclusion regarding D’s liability for involuntary manslaughter?
D will be liable for involuntary manslaughter as all the elements of unlawful act (constructive) manslaughter are satisfied.
