unlawful act manslaughter

Question 1

reduces sentences from murder to…

Answer 1

involuntary manslaughter

Question 2

unlawful act manslaughter

Answer 2

when the D causes the Vs death whilst carrying out a criminal act that is deemed to be dangerous

Question 3

an act has been committed which is:

Answer 3

> unlawful
dangerous
substantial cause of death
D had mens rea for the unlawful act

Question 4

1. unlawful

Answer 4

> must be a criminal offence not a civil wrong
must be an act not an omission

Question 5

Franklin

Answer 5

a civil wrong is not enough

Question 6

R v Rodgers

Answer 6

the act doesn’t need to be directed against the V, or any person. it can include assisting in the administration of a drug

Question 7

Lowe

Answer 7

D convicted of wilfully neglecting his son and the manslaughter of his but conviction quashed by C of A.
failure to act couldn’t support a conviction of UaM

Question 8

Lamb

Answer 8

both knew the gun was loaded but didn’t think it’d fire as bullet wasn’t in position. D pointed the gun and killed his friend
no unlawful act wasn’t assault as the V didn’t fear any violence

Question 9

any criminal offence can form an unlawful act if it involves a dangerous act likely to cause injury

Answer 9

> arson - R v Goodfellow
criminal damage - DPP v Newbury Jones
Burglary - R v Watson

Question 10

dangerous - Church

Answer 10

objective test
risk need only be of ‘‘some harm’’, the harm need not be serious. If a sober and reasonable person realises that the unlawful act might cause some injury, this part of the test is satisfied

Question 11

the risk need only be of ‘some harm’ - R v Larkin

Answer 11

D threatened a man with a razor in order to frighten him. His mistress tried to intervene and accidentally fell onto the blade and killed her.
Act of threatening was technical assault
+ was dangerous because it was likely to injure someone

Question 12

R v Ball

Answer 12

D grabbed gun and shot what he thought was a blank cartridge at the V. Barrel was live and V died.
Ds intention, foresight or knowledge is irrelevant

Question 13

dangerous act doesn’t need to be aimed at V
R v Mitchell

Answer 13

D punched a man who fell onto a woman, she died. The initial act was unlawful and dangerous, and this was foreseeable by a reasonable person. This was enough for UaM

Question 14

dangerous enough that the sober and reasonable person would foresee harm, not the actual harm that was done
R v JM and SM

Answer 14

JM was asked to leave the nightclub, some pushing occurred, he and his brother left. They later returned, had a fight with the doormen. During the fight the V collapsed and died shortly afterwards.
Its never been a requirement that the D should foresee any specific harm, or that a reasonable bystander could recognise the precise harm which occurred

Question 15

dangerous act can be aimed at property - Goodfellow

Answer 15

D set fire to his council flat so they would have to regime him. Fire became out of control, his wife, son and another woman died in the fire.
He was convicted of manslaughter

Question 16

physical harm - not enough to frighten someone
Dawson

Answer 16

attempted robbery of petrol station by 3 masked men with pickaxe handles. V had a heart attack and died - fear caused to the attendant not an act dangerous enough in itself to warrant UaM

Question 17

Watson

Answer 17

where a reasonable person would be aware of the Vs frailty and the risk of physical harm to him, the D will be liable
D threw a brick through window of 87yr old man

Question 18

substantial cause of death

Answer 18

normal rules of causation apply

Question 19

Corion- auguste

Answer 19

D threw air bomb in a crowded enclosed bus station, passengers rushed for the exits and elderly lady was knocked over and later died.
Ds act was the direct and substantial cause of Vs death

Question 20

Sahid

Answer 20

D was in a group that attacked V and friend on a platform at train station. They were both forced onto the track, V was prevented from climbing back up so was killed by the train.
Original attack was sufficiently serious as a cause of death

Question 21

R v Kennedy

Answer 21

D filled a syringe with heroine at Vs request. V then injected themself and later died
HofL ruled the Vs voluntary act had broken the chain of causation

Question 22

mens rea for the unlawful act

Answer 22

Ds must have the MR for the unlawful act, which is dangerous and caused death]D doesn’t need to foresee death/injury