Unlawful Act Manslaughter Model Answer Flashcards
D may be liable for unlawful act (constructive) manslaughter. There are …
4 elements that must be satisfied.
Firstly there must be a positive …
unlawful act - a criminal offence (FRANKLIN, LARKIN, LAMB), and not an omission (LOWE).
The unlawful act need not be directed at … … and it need not be directed at a …
The victim (MITCHELL), person (GOODFELLOW)
Secondly, the unlawful act must be …
dangerous.
This is an … test (BRISTOW, JM and SM) where the court will consider whether …
a reasonable person would recognise a risk of some physical harm not necessarily the harm which results (DAWSON, JF and NE, WATSON and CHURCH).
Thirdly, there must be the necessary …
mens rea for the unlawful act.
There is no need to intend or …
even foresee any harm, (NEWBURY and JONES, GOODFELLOW).
Fourthly, the unlawful act must ..
cause the victim’s death, so the rules on causation must be satisfied (CORBETT, KENNEDY)
The test for factual causation is the …
‘but for’ test, (WHITE PAGETT HUGHES) where the harm wouldn’t have occurred but for d.
The test for legal causation is whether the defendant is …
the operating and substantial, significant more than minimal cause (SMITH, PAGETT).
If relevant a … can …
Break the chain of causation if it was not reasonably foreseeable.
To conclude …
D will be liable for involuntary manslaughter as all the elements of unlawful act (constructive) manslaughter are satisfied.
