unlawful act manslaughter

• what type of manslaughter is unlawful act manslaughter?

  involuntary manslaughter
• what is involuntary manslaughter?


  the defendant has caused the death but doesn’t have the mens rea for murder
• what is unlawful act manslaughter sometimes referred to as?

  constructive manslaughter
• why is unlawful act manslaughter sometimes referred to as constructive manslaughter?

  liability is constructed from the initial unlawful act
• where is unlawful act manslaughter contained?

  entirely within common law
• what is the first element of unlawful act manslaughter?

  an unlawful act
• what does an unlawful act mean?

  a separate criminal offence causing the death must be proven
• what can the unlawful act not be?

  s18 grievous bodily harm
• what was confirmed in franklin?

  a civil wrong will not suffice
• what was confirmed in lamb?


  the defendant was not guilty of unlawful act manslaughter as the initial assault could not be proven despite the presence of factual and legal causation
• what was confirmed in lowe?

  an omission will not suffice as an unlawful act
• what was confirmed in goodfellow?


  the initial unlawful act may be against property - in this case, it was arson
• what is the second element?

  dangerousness
• what type of test is dangerousness?


  objective
• what was confirmed in church?


  the unlawful act must be such as all sober and reasonable people would inevitably recognise must subject the other person to, at least, the risk of some harm resulting therefrom, albeit no serious harm
• what was the key test in church?

  would the reasonable man foresee the risk of some harm in the circumstances
• what was confirmed in dawson?

  no objective risk of harm as victim’s condition was unknown
• what was confirmed in r v larkin?

  dangerous act does not need to be aimed at ultimate victim
• what was confirmed in r v jm and sm?


  no requirement that reasonable man should foresee the specific type of harm
• what is the third element?

  causation
• what additional novus actus interveniens may arise?

  the self-injection of drugs in the presence of a drug dealer
• what was said in s23 offences against the persons act 1861 in relation to the potential novus actus interveniens of self-injection?

  the dealer would be charged with ‘administering a noxious substance’
• what was confirmed in kennedy?

  self-injection breaks the chain of causation
• what is the fourth element?

  mens rea of the initial unlawful act
• what was confirmed in newbury and jones?


  does not need proof that the defendant was aware of criminality or foresight of harm