Unlawful act manslaughter Flashcards
What distinguishes Unlawful Act manslaughter from murder?
Lack of ‘malice afterthought’
What is the definition of Involuntary Manslaughter?
Killing someone during the course of an unlawful act without the required mens rea for murder
What are the requirements to prove Unlawful Act (Constructive) Manslaughter?
Must prove the following:
* Defendant’s Act was intentional
* Defendant’s Act was unlawful
* Act was dangerous
* Act caused the death of the victim
What does it mean for the Defendant’s Act to be intentional?
Must voluntarily have carried out the act but not intended the death
What characteristics must the Defendant’s Act have to be considered unlawful?
Must be:
* A criminal act
* An intrinsically unlawful act
* An act rather than an omission
What does R v Lamb state about criminal acts?
Criminal act must be criminal independent of the fact that it has caused death
What is meant by an intrinsically unlawful act?
Cannot be based on a lawful act which only becomes unlawful because of the negligent manner in which it is performed
What type of act must be involved in Unlawful Act manslaughter?
Must be an act rather than an omission
What would a failure to do something while under duty be charged as?
Gross negligence manslaughter
Example case: R v Lowe.
How is it determined whether the act is dangerous?
Objective Test: Sober and reasonable people would inevitably recognize that the act subjects the other person to the risk of some (albeit not serious) harm (R v Church).
What type of harm must be considered?
Must be physical, not emotional harm.
(R v Dawson)
Does the type of harm foreseen have to be the harm caused?
No, the type of harm foreseen does not have to be the harm caused.
(R v JM & SM)
What circumstances must be taken into account?
A reasonable person will have knowledge of the circumstances that they would have had if they had been in the accused’s shoes at the time of the offence.
(R v Dawson)
What must be accounted for during the crime?
Need to account for knowledge gained throughout the course of committing the crime.
(R v Watson)
What special knowledge does the reasonable person have?
The reasonable person will have any special knowledge which the defendant has.
(R v Farnon)
What must the unlawful act cause?
The unlawful act must have caused the death of the victim.
Normal rules of causation apply.
What is factual causation?
Factual causation means but for the acts, the consequence would not have occurred in the way it did.
(R v White)
What is legal causation?
Legal causation means the defendant must be the operating and substantial cause of the prohibited consequence.
(R v Pagett)
What does substantial mean in legal terms?
Substantial means more than de minimus.
(R v Hughes)
What does operating mean in legal terms?
Operating means no Novus Actus Interveniens (NAI).
What is required for death by supplying drugs?
Administration of the drug by the defendant is required.
Direct injection/administration easily fits definition of manslaughter (R v Cato).
What happens when D merely supplies drugs?
When D merely supplies V with drugs or assists V, D does not cause V’s death if V is a fully informed and responsible adult who freely and voluntarily self-administers.
(R v Kennedy)
