unlawful act manslaughter

Question 1

what is unlawful act manslaughter?

Answer 1

where D causes the death of V through an unlawful and dangerous act, and with only mens rea.

Question 2

1)did D perform an unlawful act? It must be a what and what is not enough.

Answer 2

-an omission is not enough-Lowe
-the unlawful act must be a criminal offense-lamb

Question 3

2) was it objectively dangerous?( foreseeable and V’s age and fragility?

Answer 3

-a reasonable man would foresee a risk of some harm.-Church.

-was D aware if V’s age/fragility if only threats were used.-Watson.

Question 4

3) did the unlawful and dangerous act cause death?- apply the rules of causation.

Answer 4

-factual causation: But for D’s actions would V have died.

-legal causation: was it a significant contribution or was the chain of causation broken?-Kennedy.

Question 5

4)Did d have the Mens Rea of the unlawful act? provide a case.

Answer 5

Newbury and jones- D only requires the mens rea for the initial unlawful act.