Unlawful act manslaughter

Question 1

Elements

Answer 1

Defendant must do an unlawful act (Actus Rea)

Act must be dangerous

Act must cause death

Must have required mens rea for the unlawful act

Question 2

R v Lamb

Answer 2

There must be an unlawful act

Question 3

R v Lowe

Answer 3

There has to be an act, cannot be committed by an omission

Question 4

R v Goodfellow

Answer 4

Unlawful act can be aimed at property

Question 5

R v Larkin

Answer 5

The unlawful act need not be aimed at the victim but it has to be objectively dangerous in the sense that it is likely to cause harm

Question 6

R v Dawson

Answer 6

Causing fear is not enough, the unlawful act must put the victim at risk of physical harm

Question 7

DPP v Newburry and Jones

Answer 7

The defendant must have the necessary mens rea for the unlawful act and does not have to foresee that it might cause some harm

Question 8

R v Church

Answer 8

introduced the doctrine of constructive manslaughter

Gave the definition of dangerous as something all sober and reasonable people would recognise there is a risk of some harm

The risk need not be serious harm