Unlawful Act Manslaughter - Involuntary Manslaughter

Question 1

offence

Answer 1

Common law offence

Question 2

1 Unlawful act

Answer 2

Must be a criminal positive act Civil wrong is not enough franklin an omission cannot create liability Lowe

Question 3

2 Unlawful act must be dangerous

Answer 3

Measured by objective test Church Risk only has to be some harm the reasonable person would foresee that it would cause some injury

Must be against a person but doesn’t have to be aimed at them Mitchell It can be against property if there is a risk of injury goodfellow

Must be risk of physical harm apprehension is not sufficient even if it causes a heart attack dawson

Question 4

Must cause death

Answer 4

Factual causation but for the act would V have died? Pagett
Legal Causation - Was D more than miminal cause Kimsey Is there a break in the chain Jordan
Thin skull rule - Blaue

Drugs cases if D injects the V then there is no break in the causation and D is liable for UAM.Cato
If D prepares the drug and V injects it themselves it breaks the chain of causation Kennedy

Question 5

4 Mens Rea for the unlawful act

Answer 5

intent/recklessness is required for the inital crime does not to see the act is dangerous or foresee harm Newbury/Jones