Unlawful Act Manslaughter

Question 1

R v Lamb

Answer 1

• D fired a gun at a friend. They both thought it was safe because there was no bullet in the firing chamber.
• There must be an unlawful act. In this case, there was no assault, as the friend didn’t fear violence.

Question 2

R v Lowe

Answer 2

• D failed to care for a baby properly.

- There has to be an act - unlawful act manslaughter cannot be committed by an omission.

Question 3

R v Larkin

Answer 3

• Threatened a man with a razor - woman fell on a blade and died.
• The unlawful act need not be aimed at V but it must be objectively dangerous in the sense that it is likely to cause harm.

Question 4

R v Goodfellow

Answer 4

• D set fire to flat, causing three deaths.
• The unlawful act can be aimed at property. The test is whether it is objectively dangerous in the sense that it is likely to cause harm.

Question 5

R v Dawson

Answer 5

• Petrol station attendant died of a heart attack when his petrol station was robbed.
• Causing fear is not enough. The unlawful act must put V at risk of physical harm.

Question 6

R v Newbury and Jones

Answer 6

• Pushing a paving stone onto a passing train, killing the guard.
• D need only have the intention to do the unlawful act. There is no need for D to foresee that it might cause some harm.

Question 7

R v Church (Church Test)

Answer 7

• D knocked down the victim unconscious and thought she was dead.
• He threw her into the river, the cause of her death was drowning.
• ‘Dangerous’
• The unlawful act must be such as all sober and reasonable person would inevitably recognise must subject the other person to the risk of some harm resulting therefrom, albeit not serious harm.