Unlawful Act Manslaughter

• Definition R v Larkin: the test - an intentional act +unlawful act + a dangerous act + cause of death = leading to unlawful act manslaughter.
• AR: unlawful act, objectively dangerous, caused death of the vicitm
• Unlawful Act: Unlawful Act must be a criminal offence - Franklin v DPP
• Unlawful Act doesn't need to be directed at the actual V or a person
• Goodfellow [1986]:  arson (against property)
• Watson [1989]:  attempted burglary (against property)
•  AG’s Ref 3 of 1994 [1998]:  assault (against the mother)
• Dangerous Act: carries risk of some harm, but not serious harm.
• Objective test: A sober and reasonable person would have foreseen risk of some harm to another person. Not necessary for D to personally foresee the risk. Church [1966]
• Unforeseeable risk of harm: sober & reasonable people would not have foreseen harm. ‘Thin Skull Rule’ not applicable, Dawson [1985]
• Foreseeable risk of harm: sober and reasonable people would have foreseen some harm Watson [1989]
• Causation - factual and legal causation
• Act does not need to be ‘aimed’ at the victim Attorney-General’s Reference (No 3 of 1994)
• No break in the chain of causation: Lewis, Kennedy, Dhaliwal
• Lewis [2010] - assault
• Kennedy (No 2) [2007] - drugs
• Dhaliwal [2006] - domestic violence
• Mens rea: MR for base crime + intention to commit unlawful act
• Only base crimes that require intention or Recklessness, but not negligence or strict liability
• Not necessary for D to intend to pose risk of harm to another person or to be aware of the risk.
• Defences: Intoxication and consent (A [2005] and Lipman [1969])
• MR cases: Andrew and Andrews 2002 Lamb and Newbury