Unlawful act manslaughter

• Definition

  • Occurs when a death results from an unlawful + dangerous act
  • No mens rea for murder - no intention to kill and maybe no intention to cause any harm to the victim
  • Mens rea for the unlawful act
  • D doesn't need to forsee death, or even see that the act is unlawful and dangerous
• Sentence

  • Discretionary life sentence
  • Serious sentence that isn't murder
• Elements:

  1. D committed an unlawful act
  2. Act committed is dangerous
  3. Act was a substantial cause death
  4. D had the mens rea for the unlawful act which caused the death
• Defendant committed an unlawful act

  • R v Franklin
• Act was dangerous

  Using an objective test (R v Larkin) = Church test (R v Church):

  • 'all sober and reasonable people would inevitably recognise must subject the other person to risk of harm.'​ - don't need to be serious harm, it can mean 'some harm'​. It also don't need to be aimed at the victim + can be transferred malice (R v Mitchell)
  • Acts against property (R v Goodfellow)
  • Physical harm - fear + anxiety isn't enough. It is recognised that fear can trigger shock + lead to physical harm (R v Dawson)
• Act was a substantial cause of death

  • If there is an intervening act that breaks the chain of causation - D can't be liable for UAM = novus actus interveniens (R v Kennedy)
• D must have required mens rea for the unlawful act

  • Doesn't have to realise the act is unlawful or dangerous (DPP v Newbury Jones