Unlawful Act Manslaughter

Cards (11)

  • unlawful act manslaughter- where the defendant causes a death through doing an unlawful act that is objectively dangerous with the necessary mens rea for the unlawful act.
  • maximum sentence for involuntary manslaughter is life imprisonment.
  • R V Lamb- illustrates that there must be a criminal unlawful act.
    Wasn't an assault as they didn't fear any violence as they were friends.
  • Act must be dangerous- R V Church
  • Church test:
    'such as all sober and reasonable people would inevitably recognise must subject the other person to at least the risk of some harm albeit not serious harm.'
  • R V J M and S M
    This case illustrates the need for the defendant to foresee some harm but not the particular harm.
  • Acts against property- R V Goodfellow
    Unlawful act can be aimed at property.
  • R V Dawson- fear can trigger shock which is physical harm.
  • Must be proven that the defendant caused the unlawful act manslaughter and that the unlawful act caused the death.
  • novus actus interveniens- R V Kennedy
  • DPP V Newbury and Jones- Defendant must have the mens rea for the unlawful act to be found liable for the manslaughter.