Unlawful Act Of Manslaughter

Question 1

What kind of offence is it?

Answer 1

• Common law offence

Question 2

In DPP v Newbury & Jone how was it defined

Answer 2

• ‘An accused is guilty of manslaughter if it is proved that he intentionally did an act which was unlawful and dangerous and that that act inadvertently caused death’

Question 3

What are the five requirements for manslaughter

Answer 3

1) the defendant did an act
2) the act was unlawful
3) the act was dangerous
4) the act caused the victims death
5) the defendants intended to do the act

Question 4

The defendant did an act

Answer 4

• unlawful act manslaughter cannot be committed by omission

Question 5

The act was unlawful

Answer 5

• it is not enough to show that the act was a civil wrong
• must be shown that the act was a crime
• state in Franklin
  + D threw a box into the sea whilst walking along Brighton pier, killing a swimmer underneath
• confirmed in Lamb
  +D and V were playing around
  + D pointed a revolver at V
  + three of the five chambers in the revolver were empty
  + D mistakenly thought it was safe to pull the trigger
  + V was shot dead

Question 6

The act was dangerous

Answer 6

1. The meaning of dangerous
   - test is an objective one, focuses on what the reasonable man would have foreseen:
   + D.P.P v Newbury & Jones. So no concession is made for such thing as age or mental capacity
   - it must be shown that the reasonable man would have foreseen a risk of of some harm: Church
   - the reasonable man need not have foreseen the specific type of harm that the victim suffered; it is enough that the reasonable man would have foreseen some harm of any kind: Jim & SM
2. What information may be taken into account when applying the dangerous test?
   - case law has established the following
   + info that was available to the D when he embarked on the crime may be taken into account.
   +info that becomes available to the D during the commission of the offence may be taken into account
   + info that only becomes available after the offence can not be taken into account
   + any mistaken beliefs held by the defendant may not be taken into account

(All cases are on the handout)

Question 7

The act caused the victims death

Answer 7

• see the lecture on causation

Question 8

The defendant intended to do the act

Answer 8

• Andrew’s v D.P.P Lord Atkinson said
  ‘ there is an obvious difference in the law of manslaughter between doing an unlawful act and doing a lawful act with a degree of carelessness which the legislature makes criminal’
• if the defendant intended to do the act the most appropriate form of involuntary manslaughter is unlawful act manslaughter
• if the defendant acted carelessly the most appropriate form of involuntary manslaughter is gross negligence manslaughter.