Unlawful Act Manslaughter

Question 1

Source

Answer 1

Common law

Question 2

Elements

Answer 2

1 - Unlawful act
2 - Objectively dangerous
3 - Causation
4 - MR for unlawful act

Question 3

Element 1

Answer 3

Unlawful act
- Criminal not civil (Franklin, Lamb)
- Positive act not omission (Lowe)

Question 4

Element 2

Answer 4

Objectively dangerous
- Test from Church = would a sober, reasonable person believe the act to subject a person to risk of harm
- To frighten is insufficient, must be shock likely to cause harm (Dawson, Watson)
- Must be obviously dangerous (Carey, R v SM + JM)

Question 5

Element 3

Answer 5

Causation
- Factual + legal (Goodfellow)
- Transferred malice (Mitchell)
- Supplying illegal drugs to adult of capacity not UAM (Cato, Dalby, Rogers, Kennedy)

Question 6

Element 4

Answer 6

MR for unlawful act
- Can be initial property offence (DPP v Newbury + Jones)
- Recklessness subjectively assessed (R v G + R)