Law(involuntary manslaughter)

• Involuntary Manslaughter is the unlawful killing of another person without intent to kill or cause grievous bodily harm
• Unlawful manslaughter


  D lacks the mens rea of murder but kills v in cause of committing an unlawful and objectively criminal act.
• (UAM )Actus Reas

  1)an unlawful act

  2)objectively dangerous

  3)caused death
• (UAM)Men’s rea


  D requires the men’s rea for unlawful and dangerous act not necessary to prove d foresaw harm.
• 1 (UAM) unlawful act

  Must be a criminal offence civil wrong or an omisson will not suffice. battery ? Assault ? ABH ? reckless ? (Lowe - 1973) ,( Lamb - 1967).
• 2 (UAM)Objectively dangerous act


  An unlawful act must be dangerous (objective test) doesn't matter what D thought even if they thought there was no risk . (Church test) “ such as all sober and reasonable people would recognise must subject person to at-least risk of some harm “.
• 2 (UAM) Objectively dangerous act

  Cases:

  R v Birstow (2013) D not realize his acts are dangerous as long as reasonable person would.

  R v Larkin

  R v Dawson (1985) risk of physical harm emotional fear not enough to suffice .

  R v Watson (1989) sober and reasonable person has same knowledge as D at the scene .
• 3 (UAM) cause of death

  Unlawful dangerous act must cause the death. Factual causation - " but for "( R v White). Legal causation - operative and substantial cause (R v Cheshire). Acts of a 3rd party ( R v Paggett ) .
• 4 (UAM) men's rea 


  Must be proved that d had the men's rea for dangerous unlawful act not necessary to prove that d foresaw and harm . ( Newbury & Jones - 1976). Direct - (Mohan) . Indirect (Woolin) .
• (UAM) conclusion therefore d is likely to be held liable for unlawful act manslaughter .