Unlawful Dangerous Act Manslaughter

Question 1

Definition

Answer 1

When the defendant has the actus reus but not the mens rea of the murder, sentence will be up to life imprisonment

Question 2

Criminal

Answer 2

Act must be criminally unlawful, not a tort (R v Lamb)

Question 3

Act not an omission

Answer 3

The killing must happen as a result of the D’s failure to act (R v Lowe)

Question 4

Church test

Answer 4

Test will be applied if reasonable person would inevitably recognise the risk of some harm resulting therefrom albeit serious hard (R v Church)

Question 5

Frailty

Answer 5

Harm can depend on the circumstances and the victim themselves (R v Watson)

Question 6

Property

Answer 6

The act could have been aimed at the property as long as there was also a risk of hard to people (R v Goodfellow)

Question 7

Causation

Answer 7

FC- but for D’s actions, would the victim have died? (R v Pagett)
LC- was the D more than a minimal cause of the V’s death? (R v Kimsey), any pre existing conditions must be disregarded (R v Blaue),
intervening acts; act of God, act of claimant, act of third party

Question 8

Mens rea

Answer 8

Mens rea required for the base offence (R v Newbury and Jones)