Unlawful Act Manslaughter structure

Question 1

When does the offence occur?

Answer 1

When D does not intend to kill or cause serious harm but has committed an unlawful act which le fro the death of V.

Question 2

AR 3 elements?

Answer 2

D must commit an unlawful act
Act must be dangerous
Act must cause V’d death

Question 3

1 - Unlawful act

Answer 3

Criminal not civil - Franklin
Must be illegal - Lamb Mr and AR needed
Cannot be an omission - Lowe, Khan and Khan

Question 4

2 - Must be dangerous

Answer 4

Objective test - Church - ‘all sober and reasonable people would recognise that there was some risk of harm.’ The harm foreseen need not be serious or specific (JM and SM)

Act does not need to be directed at V - can be another person (Larkin, Mitchell).
Aimed at property if likely to cause harm to a person (Goodfellow, Bristow,
Dawson - reasonable person not realise risk of harm, V’s condition hidden
Watson - would have realised - V’s condition visible)

Fear not harm - Shock is (Dawson)

Question 5

3 - Act must cause death

Answer 5

Same causation - factual, legal etc.

Drugs more complicated - If D injects V + V dies =liable
(Cato)
If D supplies V but they inject themselves - chain is broken = not liable (Dalby)
If D supplies and prepares drug but V injects = not liable still (Kennedy)

Question 6

4 - Must have the mens rea for the unlawful act

Answer 6

Assault, battery, administration of noxious substance etc. D does not have to have the mens rea for death.
D does not need to realise that the act is unlawful or dangerous (Newbury and Jones)