Unlawful Act Manslaughter

Question 1

1. D must commit and unlawful act

Answer 1

This must be an act nog an omission- Stone and Dobinson

The act must be a crime not a civil wring - R v Franklin

The crime must be complete -ie have both it’s AR and MR - R v Lamb

Question 2

2. D must have the mens rea of an unlawful act

Answer 2

D needs the Mens rea of whatever the unlawful act is leading to v’s death

D does not need and Mens rea for V’s death only the unlawful act - R v Newbury and Jones

If D has mans rea for the unlawful act on A but B dies as a result of this act, transferred malice can apply to move D’s Mens rea - R v Mitchell

Question 3

3. D’s unlawful act must cause v’s death

Answer 3

Factual - but for - Pagett
Legal - operative and substantial - R v Smith

Intervening acts

a) Act of a third party must be unforeseeable - R v Pagett
Medical treatment must be ‘palpably wrong’ - Cheshire or Jordan

b) Victims own actions must be unreasonable and unforeseeable to break chain R v Williams/Roberts
V’s self neglect does not break chain - R v Dear
Voluntary drug taking does not Cato - Kennedy (No 2)

c) Act of god must be unforeseeable R v White

Question 4

4. D’s unlawful act must be dangerous

Answer 4

D’s Act is dangerous if a sober and reasonable person would realise it carries a risk of casing some harm - R v Church

Foresight of emotional harm is not enough - Dawson

Foresight must be of physical harm - R v Watson

Foresight need not be of exact physical harm caused any sort of physical harm is acceptable R v JM and SM

Unlawful act can be aimed at property if is passes Church test - Goodfellow

D’s realisation of lack thereof as to his unlawful act causing physical harm is irrelevant as test is purely objective - R v Faan and Ellis