Involuntary manslaughter: unlawful act

Question 1

what is the AR?

Answer 1

dangerous unlawful act which causes deathE

Question 2

explain dangerous

Answer 2

risk of some (not necessarily serious) harm.

Objective – dangerous by ordinary, reasonable standards? Reasonable person has knowledge D had (i.e. if D was aware of facts which made it more dangerous, this is relevant)

Question 3

explain unlawful

Answer 3

must be a criminal act (not omission) with recklessness MR. D should argue common law assault as easier to prove

Question 4

explain cause of death

Answer 4

factual + legal causation must be proven

Question 5

explain UAM and drug offences

Answer 5

V freely & voluntarily takes the drug = no UAM – chain of causation broken

Question 6

what is the MR?

Answer 6

for the particular crime (i.e. if battery, then intention/reckless to cause battery)