Unlawful and dangerous act manslaughter

Question 1

What is the actus reus of unlawful and dangerous act manslaughter

Answer 1

Same as murder. unlawful killing of a human being

Question 2

What must the killing be the result of?

Answer 2

The defendant’s act not omission - R v Lowe

Question 3

R v Lowe

Answer 3

Died from neglect, but was an omission not an act

Question 4

What must the act be?

Answer 4

Unlawful

Question 5

Administration of drugs

Answer 5

It can be assisting in administration of drugs - R v Rodgers

Question 6

The act must be dangerous meaning?

Answer 6

All sober and reasonable people would realise it would subject victim to risk of harm.

Question 7

Does it matter if defendant did not think their behaviour was dangerous?

Answer 7

No - R v Ball

Question 8

R v Ball

Answer 8

Shot a gun at someone which he thought were blank pellets - killed - doesn’t matter

Question 9

Act must CAUSE death

Answer 9

Rules of causation apply

Question 10

Mens rea?

Answer 10

Only establish mens rea for the unlawful act and not the subsequent death - R v Lamb

Question 11

R v Lamb

Answer 11

Boy shot and killed another, neither of them thought the gun would fire. Couldn’t have been assault