Unlawful act manslaughter

Question 1

What defines Unlawful act manslaughter?

Answer 1

1. Has to be unlawful act
2. Must be dangerous
3. Causation
4. Mens rea of an unlawful act

Question 2

What is the definition of unlawful?

Answer 2

The act must be unlawful and must be a criminal act but can be any crime against the state.

Question 3

What happened in Cato?

Answer 3

Injecting each other with morphine and it killed his friend, unlawful act was administering noxious substance.

• Guilty of manslaughter as he administered the drug.
• Only guilty if they administer it.

Question 4

What is meant by dangerous and whats the test?

Answer 4

The unlawful act must be considered dangerous.

An ordinary reasonable man would see a risk of some harm. (Objective)

Question 5

What happened in Church?

Answer 5

Mocked ability to satisfy her, had a fight and knocked her unconscious he thought she was dead and threw her into a river. Died of drowning.

• People would see a risk of harm it does not matter that he did not see a risk of harm.

Question 6

What must the act be and what happened in Lowe?

Answer 6

Unlawful act manslaughter requires that the act cannot be an omission.

R V Lowe:

• Deliberately neglected his child who died.
• Deliberate omission cannot constitute unlawful act.

Question 7

What are the issues with causation?

Answer 7

The unlawful act must cause the defendants death.

• Factual = but for test
• Legal = must be more than minimal cause
• Breaks in the chain = Victims own act, medical treatment and third party.

R V Kennedy:

• D supplied the victim with heroin who injected it and later overdosed.
• Self-injection breaks the chain of causation and D must administer it to be guilty.

Question 8

What does the mens rea of unlawful act manslaughter need to be?

Answer 8

Only have to have the mens rea of the unlawful act, do not have to foresee any risk of death.

R V Lamb:

• Boys playing with revolver contained 2 bullets but neither opposite. Didn’t believe it would go off, shot it and killed boy.
• No unlawful act as he didn’t believe would go off = no mens rea.

Question 9

What happened in Goodfellow?

Answer 9

Harassed by two men so wanted to move accommodation so set the house on fire. Killed wife, son and sons GF.

• Had the mens rea of arson therefore convicted of unlawful act manslaughter.
• Intention can be towards property.

Question 10

What is the transferred malice rule in unlawful act manslaughter?

Answer 10

R V Mitchell:

• Tried to queue jump, man took issue. D hit the man who fell back onto an elderly lady who broke her leg and died.
• Convicted of unlawful act manslaughter as malice transferred from the man to the lady.

R V Larkin:

• Waved razor blade about to frighten his mistresses lover, mistress stumbled into him and cut her throat and she died.
• Assault of the lover was dangerous act transferred malice applied to convict him on unlawful act manslaughter.