Unlawful Act Manslaughter

• What are the elements of unlawful act manslaughter?

  • The defendant must do an unlawful act
  • The act must be dangerous on an objective test with a foreseeability for physical harm
  • The act must cause death
  • The D must have the mens rea for the unlawful act
• Give 2 case examples of unlawful acts for unlawful act manslaughter

  R v Lamb: The D and the V were playing Russian roulette and didn’t know the gun would actual go off. The D pointed the gun and killed the friend. The D hasn’t committed an unlawful act as the friend didn’t fear violence so it couldn’t be an assault

  R v Lowe: The D was of low IQ and didn’t call the doctors for his sick child and the child died of dehydration and gross emaciation. It was an omission not an act. 
• How is R v Church dangerous on an objective test for unlawful act manslaughter?

   When determining if an act is dangerous, an objective test must be used of who a reasonable man deem it dangerous
• How is R v Larkin dangerous on an objective test for unlawful act manslaughter?

  D threatened another with a razor blade and the mistress fell onto it and it killed her. So when an act is likely to cause some harm it is considered dangerous
• How is R v Goodfellow dangerous on an objective test for unlawful act manslaughter?

  D set fire to his council flat so the council could rehouse him. His wife, son and another woman died. The act doesn’t have to be aimed at a person to still be dangerous
• How is R v Dawson dangerous on an objective test for unlawful act manslaughter?

  D tried to rob a petrol station when the V had a heart attack out of fear. He died. The act must cause harm, not just fear
• How is R v Watson dangerous on an objective test for unlawful act manslaughter?

  D tried to steal something from an elderly man and he abused before leaving. 90 mins later, the V died of a heart attack. Where a reasonable person would be aware of the V’s fragility, D will be liable
• What is the mens rea for unlawful act manslaughter?

  D has to have the mens rea for the unlawful act. It isn't necessary for the D to realise it is dangerous or unlawful
• What is a case example for the mens rea of unlawful act (manslaughter)?

  DPP v Newbury and Jones: 2 teenagers pushed a pavement slab onto the railway line when a train was approaching, it killed the driver. D’s said they didn’t know what they were doing was unlawful. However, ignorance to the law isn’t a defence.