Unlawful Act Manslaughter Template

Question 1

Prima facie….

Answer 1

D could be charged with involuntary manslaughter as he has committed an unlawful and dangerous act that caused death.

Question 2

D must have…..

Answer 2

Committed an unlawful act, assault is sufficient, R v Lamb.
Application: state what the unlawful act is and give details of the AR of that offence.

Question 3

Whether an act is dangerous…..

Answer 3

Is an objective test based on what the reasonable juror believes is dangerous, R v Church.
The court of appeal has said an act is dangerous if all reasonable people would inevitably recognise that the act must subject the other person to a risk of harm albeit not serious harm.
The reasonable man has the same knowledge as D, R v Watson.
APPLICATION: why the act is considered dangerous by a sober and reasonable person.

Question 4

The dangerous act……

Answer 4

Must have caused death.
APPLICATION: state whether the dangerous act factually and legally caused death (may need to go through causation)

Question 5

Finally, the MR is…

Answer 5

The unlawful act, DPP v Newbury and Jones.
APPLICATION: state what the MR of the unlawful act is and if D has the MR of the offence.
D is/ isn’t guilty of unlawful and dangerous act manslaughter.