Unlawful act manslaughter Flashcards
unlawful act manslaughter definition
Unlawful act manslaughter is when the defendant has done a dangerous unlawful act which caused the death. This makes the defendant liable even though they did not realise that death or injury might occur.
Actus Reus of unlawful act manslaughter
The actus reus of unlawful act manslaughter: there are 4 elements of the actus reus: the defendant must do a unlawful act, the act must be dangerous on an objective test, the act must cause the death, the defendant must have the required mens rea for the unlawful act.
Actus reus of unlawful act manslaughter( unlawful act)
The first element of the actus reus is the defendant must do an unlawful act, the unlawful act must be a criminal offence as seen in the case of R v Franklin, where it was established that it cannot be a civil wrong
Actus reus of unlawful act manslaughter ( dangerous)
The second element of the actus reus is the act must be dangerous on an objective test this test was established in the case of R V Church where a sober and reasonable people would recognise the risk of some harm. This risk need only be of some harm . It does not need to be serious but it does have to be a risk of physical harm as seen in the case of R v larkin where the act of threatening the other man with a razor was a technical assault which was dangerous.
Actus reus of unlawful act manslaughter(the act must cause the death)
The third element of the actus reus is the act must cause the death; this can be established through causation. Within causation there is factual causation this is where the defendant is the factual cause of the act this is tested with the but for test, but for the defendant’s actions the result would not have occurred as in R V Pagett And legal causation is when the defendant is more than the minimal cause of the actus in r v Kimsey.
the actus reus of unlawful act manslaughter( the defendant have the required mens rea for unlawful act)
The final element of the actus reus is the defendant must have the required mens rea for the unlawful act. It must be proved that the defendant had the mens rea for the unlawful act.it is necessary for the defendant to realise the act that they are doing is unlawful or dangerous.
