Unlawful Act Manslaughter Flashcards
What is unlawful act manslaughter?
An offence contained in common law and is an indictable offence.
What is the maximum sentence for unlawful act manslaughter?
Life imprisonment.
What are the two types of involuntary manslaughter?
- Unlawful act manslaughter
- Gross negligence manslaughter.
What are the four elements that must be proved in unlawful act manslaughter as per DPP v Newbury and Jones?
- Unlawful act
- Dangerous act
- Causing the death
- Have required mens rea for the unlawful act.
What is required for the initial unlawful act in unlawful act manslaughter?
The death must be caused by an initial unlawful act.
What type of offences cannot be used as the initial unlawful act in unlawful act manslaughter?
Civil wrongs and offences that are not studied in the context.
What did the case Franklin establish regarding unlawful acts?
A civil wrong will not suffice as an initial unlawful act; it must be criminal.
What was determined in the case of Lamb about unlawful acts?
There must be a complete unlawful act.
What does the case Lowe indicate about omissions?
An omission won’t suffice as an unlawful act.
What is the standard for proving a dangerous act in unlawful act manslaughter?
An objective test for the jury.
What test for dangerousness was established in the case Church?
Would the reasonable man foresee the risk of some harm in the circumstances?
In the case JM and SM, what is noted about the specific type of harm?
There’s no requirement that the reasonable man should foresee the specific type of harm.
What does the case Mitchell indicate about the target of the act?
The act need not be aimed at the victim.
What is the significance of the thin skull rule in Dawson?
The thin skull rule does not apply to unlawful act manslaughter.
What does Goodfellow state regarding offences against property?
An offence against property can satisfy unlawful act manslaughter.
What consideration is noted in Watson regarding the victim?
The victim’s frailty can be considered in the objective test.
According to Carey, what is typically not considered a dangerous act?
Assault is not usually regarded as a risk to the victim of physical harm.
What happens to causation if D injects V without intent to kill or do GBH?
The initial unlawful act committed is ‘administering a noxious substance’ under s.23 OAPA 1861.
What is the effect of self-injection in the case Kennedy?
Self-injection breaks the chain of causation and D cannot be liable for unlawful act manslaughter.
What was established in the case Rodgers regarding causation?
By applying a tourniquet, the D was playing a part in the mechanics of the injection which caused death.
What must be established about the mens rea of the initial unlawful act?
The initial unlawful act must be complete (actus reus + mens rea).
What does Newbury and Jones state about the mens rea required for unlawful act manslaughter?
It is enough that D had mens rea of the initial act and knew what he was doing.
Fill in the blank: For unlawful act manslaughter, D does not need to be aware that their acts were _______.
unlawful.
