Unlawful Act Manslaughter Flashcards
What is required for there to be unlawful act manslaughter?
- the defendants intentionally did an act
- the act was unlawful
- the unlawful act was dangerous
- the unlawful act caused the death of the victim
What is required for the defendant’s act to be intentional?
They must have voluntarily carried out the act and had intention to do the act (though not the consequences which flow from it)
What three requirements are there for the defendant’s act to be unlawful?
The act must be
- a criminal act
- an intrinsically unlawful act
- an act rather than an omission
What must be proved in terms of ‘criminal act’ for requirement that defendant’s act be unlawful?
Must be a criminal act independent of the fact that it has caused death.
Both actus reus and mens rea of that act must be proven
Does the criminal act need to be serious?
No - eg can be common assault
What must be proved in terms of the act being ‘intrinsically unlawful’ for requirement that defendant’s act be unlawful?
Unlawful act cannot be based on a lawful act which only becomes unlawful because of the negligent or reckless manner in which it is performed eg driving
What must be proved in terms of ‘must be an act not an omission’ for requirement that defendant’s act be unlawful?
Person cannot be guilty of unlawful act manslaughter for an omission
How is whether the act is dangerous to be assessed?
Objective test based on what the sober and reasonable person would appreciate
What harm is to be considered in assessing whether an act is dangerous or not?
Harm must be physical and not emotional
What features and knowledge does the reasonable person have in assessing whether the act is dangerous?
- the sober and reasonable person knows everything they would have known had they been in the defendant’s shoes at the time
- the sober and reasonable person has any special knowledge that the defendant has or ought to have known
- being reasonable, they do not make any unreasonable mistake made by the defendant
How does the law of causation relate to unlawful act manslaughter?
Normal rules apply
The unlawful act must have both factually and legally caused the death of the victim
If the defendant administers an illegal drug to victim who then dies will they be guilty of unlawful act manslaughter?
Yes - even if the victim consents they can be found guilty
Consent no defence here
If the defendant supplies and assists the deceased to take drugs can they be guilty of unlawful act manslaughter?
- in the case of a fully informed and responsible adult - no
- if the deceased is deceived or otherwise unaware that they are taking drugs, then D can still be guilty
