Unlawful dangerous act manslaughter

Question 1

What are the rules of an unlawful act?

Answer 1

It must be a criminal act ( R V Lamb) but cannot be an omission ( R V Lowe) and the killing must be as a result of the defendants act not omission

Question 2

What is the test for dangerousness ?

Answer 2

The church test asks whether a sober and reasonable person would recognise the risk of at least some harm ( R V Church)

Question 3

What is aimed at victim?

Answer 3

The act does not need to be aimed at victim as long as the RP would recognise they were put at some risk ( R V Larkin)

Question 4

What is some harm?

Answer 4

RP would force some harm from D’s actions but it does not have to be serious harm ( E V JM and SM)

Question 5

What is act against property?

Answer 5

It could have been aimed at property as long as it carried a risk of some harm to people ( R V Goodfellow)

Question 6

What is victims frailty?

Answer 6

Age and fragility ( R V Watson)

Question 7

What is causation ?

Answer 7

• Factual causation- but forD’s actions would the death or injury have occurred when it did or as it did ( R V Pagget)
• Legal causation- DE minimise principle; the D must make a minimal or trivial contribution tO D’s injury or death ( R V Kimsey)
• Intervening acts
• Thin skull rule

Question 8

What is the mens real for udam?

Answer 8

The mens really of the unlawful act, the D des not have to force the risk of death ( R V Newbury and Jones)