Unlawful act manslaughter

Question 1

Issues with the specific nature of the crime?

Answer 1

• Only cases which are unlawful, dangerous and an act will pass therefore some cases may slip through.
• Case of R V Franklin which didn’t succeed as was a civil crime.

Question 2

Criticisms regarding drug cases?

Answer 2

• Cases such as Kennedy could be regarded as the court attempt to make sure people involved in drugs and dealers are found responsible for resulting deaths.
• Showing their moral disapproval.

Question 3

Issues with the dangerous test?

Answer 3

• Is an objective test which only requires a risk of some harm this is different than the test fro gross negligence manslaughter.
• Makes gross negligence harder to establish as must be a risk of death.
• Usually try to avoid objective test when a serious crime has been committed as the courts feel its important that people should only be committed if they foresee a risk.

Question 4

Law reform for unlawful act manslaughter?

Answer 4

Law commission did not think it was appropriate that they could be convicted even though they only meant to commit a small crime e.g. assault.
- Home office stated that they felt any illegal violence should be punished against for the full extent of their crime.

Should be abolished and replaced with new offence of reckless killing.