unlawful act manslaughter

Question 1

unlawful act manslaughter is when…

Answer 1

someone commits a crime resulting in someone elses death- without malice aforethought

Question 2

what are the 4 rules

Answer 2

• the act must be positive
• objectively dangerous’
• the MR for the crime
• result in V’s death

Question 3

Rule 1

Answer 3

• must be a positive and unlawful act
• not an ommision
• need not be directed at another person or the victim specifically

Question 4

Rule 2

Answer 4

• the act must be objectively dangerous
• this is judged through an objective test
• would the reasonable person forsee the risk of some harm, that could potentially lead to death

Question 5

rule 3

Answer 5

• must have the mens rea for the crime
• don’t need to forsee or intend death, or even any type of harm

Question 6

rule 4

Answer 6

must result in the death of the victim