Unlawful act manslaughter

Cards (13)

What type of offence is unlawful act manslaughter?
A common law offence
What is unlawful act manslaughter defined as?
An unlawful and dangerous act that causes the death of a human being
What are the elements of the actus reus of unlawful act manslaughter?
Unlawful act, Dangerous act, Causation
What is the "Unlawful act" element of the actus reus of unlawful act manslaughter?
The act must be unlawful but it does not have to be directed against someone
What must the killing in unlawful act manslaughter be?
An act not an omission
What case states that the killing must be an act not an omission in unlawful act manslaughter?
R v Lowe
What case states that the act must be unlawful in unlawful act manslaughter?
R v Franklin
What case states that the act can include assisting in administrating a drug in unlawful act manslaughter?
R v Rodgers
What is the "Dangerous" element of unlawful act manslaughter?
The unlawful act must be dangerous, meaning all sober and reasonable people would realise it would subject the victim to the risk of some physical harm (not necessarily serious)
What is a case for the "Dangerous" element of unlawful act manslaughter?
R v Church
Does the defendant have to forsee death or realise the unlawful act was dangerous?
No
What is the "Causation" element of unlawful act manslaughter?
Normal rules on causation
What is the mens rea of unlawful act manslaughter?
Only necessary to establish the mens rea of the unlawful act