Unlawful Act Manslaughter - Involuntary Manslaughter Flashcards
1
Q
Define unlawful act manslaughter
A
When the defendant commits an unlawful (prohibited by the law) act that leads to the victim’s death.
It is used when the defendant doesn’t satisfy the men’s rea for murder.
2
Q
Why is unlawful act manslaughter sometimes referred to as constructive manslaughter?
A
The crime is constructed (built up) from the defendant’s criminal liability for another offence that leads to the victim’s death, e.g supplying them with drugs.
3
Q
Identify the three requirements needed to find the defendant guilty
A
- An unlawful act
- Which was dangerous
- Caused the victim’s death
4
Q
Define an unlawful act
A
- A criminal act, in which the prosecution does to make it clear what offence constructed the crime of manslaughter.
- The actus reus & men’s rea need to be satisfied for the defendant to be found guilty.
- R v Cato [1976] - the defendant injecting the victim with drugs, leading to his death was deemed an unlawful act by the Court of Appeal as it caused his death.
5
Q
Define a dangerous act
A
- The act constitutes a risk of some physical injury, e.g an emotional distress that has a high risk of leading to a heart attack.
- It’s tested in courts using reasonability in which a reasonable person in the defendant’s shoes with any special knowledge would appreciate that their conduct is dangerous.
- R v JM & SM [2012] - the fighting involved created a risk of harm that was dangerous, it didn’t matter that the defendants didn’t know that the victim would have a heart attack or die or that the harm risked was not the harm that actually occurred; it being dangerous was sufficient enough.
6
Q
Explain causation (causing the victim’s death)
A
- The unlawful and dangerous act caused the death of the victim.
- It doesn’t have to be aimed at the victim, mirroring Lord Hopes’ argument who stated that that as long as the unlawful and dangerous act which caused the victim’s death. it doesn’t matter if it was aimed at someone else.
