Unlawful Act Manslughter

Question 1

Unlawful act manslaughter (constructive manslaughter): 3 requirements:

Answer 1

D does an unlawful act (not civil)
The unlawful act is objectively dangerous
The objectively dangerous act causes death

Question 2

Unlawful act (limb 1): cases:

Answer 2

R v Lowe
R v Franklin
R v Lamb
Mitchell
Goodfellow

Question 3

R v Lowe

Answer 3

D here could not be guilty when charged with unlawful act manslaughter because it was not an act but it was an omission.

Question 4

R v Franklin

Answer 4

Threw box from another another man’s stall on Brighton pier. Or hit and killed a swimmer. Not a crime but a civil wrong.

Question 5

R v Lamb

Answer 5

2 boys playing Russian roulette. One boy got shot and died.
Didn’t know how the gun worked.
Conviction quashed (didn’t apprehend immediate unlawful force).

Question 6

Mitchell

Answer 6

D was waiting in a queue impatiently. Try to push in but a 72 year old man objected. D punched him and old man staggered into old woman who was knocked over and later died of her injuries.
Conviction upheld

Question 7

Goodfellow

Answer 7

D wanted to move but had rental arrears. Planned to set house on fire so it looked like petrol bomb attack. Got out of control. Son, wife and another women died.
Conviction upheld

Question 8

Objectively dangerous

Answer 8

Limb 2

Question 9

Objectively dangerous: cases:

Answer 9

Church 
Newbury
Dawson
Watson 
Ball

Question 10

Church

Answer 10

D had a fight with a woman and knocks her out (unlawful act, GBH). She didn’t come round so he put her in the river. She drowned.
Conviction upheld.

Question 11

Newbury and Jones

Answer 11

Young boys put stones on train track and dropped them too from the bridge. Through slab onto train, broke class in the front and killed the driver

Question 12

Dawson

Answer 12

Ds attempted to rob a petrol station. Wore masks and were armed. Attendant age 60 had a heart disease and suffered fatal heart attack.
Conviction appealed.

Question 13

Watson

Answer 13

D smashed window and broke into house of 87 year old. V went to investigate and D shouted abuse and ran off. Police arrived and v suffered heart attack. Died 90 mins after initial attack.

Question 14

Ball

Answer 14

D kept mixture of live and blank bullets in pocket. Loaded gun with what he thought were blanks but didn’t check. Fired at V as she climbed over garden wall and killed her with live bullet.
Conviction upheld.

Question 15

Causes death

Answer 15

Limb 3

Question 16

What is cause of death:

Answer 16

All the usual rules of causation apply.

Must have factual and legal cause of death.

Question 17

Drug cases: (issues):

Answer 17

1. What unlawful act the defendant has allegedly committed; and
2. Whether the defendant’s unlawful act caused the death of the victim.

Question 18

Cato (drug cases):

Answer 18

D injected V with a mixture of heroin and water. V overdosed and died.
Conviction upheld

Question 19

R v Dias (drug cases):

Answer 19

D and V bought a bag of heroin for joint use. D prepared the heroin and drew it into a syringe. He handed to V who self-injected and later died. Trial judge ruled that aiding and abetting another to inject himself was the unlawful act committed by D.
Conviction quashed.

Question 20

R v Kennedy (drug case):

Answer 20

D supplied, prepared and handed the deceased a syringe containing heroin. V injected himself.
H/L: conviction quashed.