INVM: Unlawful Act Manslaughter Flashcards
(10 cards)
What is involuntary manslaughter
Unlawful killing without intention to kill or cause GBH.
Common law offence with maximum sentence of life imprisonment.
Covers wide range of situations between murder and accidental death, shown by sentencing
2 main ways:
Unlawful act manslaughter
Or
Gross negligence manslaughter
What is unlawful act manslaughter
Where D causes death of V through an unlawful and dangerous act, without malice aforethought for murder, and only with men’s rea for the unlawful act (Newbury and Jones 1976)
What are key elements of unlawful act manslaughter
- D must do an unlawful act
- Act must be dangerous on an objective test
- Act must cause death
- D must have mens rea for unlawful act
What is an unlawful act?
Must be an act, as an omission is insufficient, (Lowe 1973 where he neglected baby) and it must be a criminal offence
E.g. Lamb (1967)
D and friends playing with loaded revolver, one was killed, no unlawful act as didn’t understand mechanism of revolver
Can be a lawful act against property if likely to cause injury (Newbury and Jones 1976)
What does it mean for it to be dangerous?
Uses objective test, all sober and reasonable people would inevitably recognise the risk of some harm, albeit not serious (Church 1965) punched v, not dead, threw in river, dead
What if D did not realise risk of harm to others?
Goodfellow (1986)
D set fire to council house to get rehoused, no intention to endanger life but his wife, son and son’s girlfriend were killed
D convicted, didn’t matter his act of arson was not directed at anyone
What about risk of emotional disturbance?
Dawson (1985) V died from heart attack when D’s held up petrol station.
Not guilty, not enough
Watson (1989)
V died of heart attack 90 mins after burglary
Burglary dangerous as soon as old man’s fragility was obvious to reasonable person
D’s knowledge of circumstances can be attributed to the sober and reasonable person
Bristow, Dunn and Delay (2013)
V hit by Cecile’s used by D to commit burglary of workshop located down long lane. Risk someone might try to intervene to prevent escape
Reasonable and sober person would foresee risk of harm due to circumstance of burglary
How is causation decided?
Usual rule,
In Kennedy (2007) D prepared injection of heroin, V self injected and died, this broke chain as voluntary
What is mens rea for an unlawful act?
D only requires mens Rea for initial unlawful act, no need to prove D realises the act is dangerous, unlawful or forsees risk of harm
In Newbury and Jones (1976), youth threw paving slabs from bridge to passing train and killed guard.
Only need MR of unlawful act
