unlawful act manslaughter

• Unlawful Act Manslaughter


  Where a defendant has committed an unlawful and dangerous act (a crime) which has caused the death of a victim. The defendant can still be liable even if they did not realise that death or injury might be a result.
• Involuntary Manslaughter


  Is where there has been an unlawful killing, however the defendant does not have the mens rea for murder.
• Elements of Unlawful Act Manslaughter

  1. The defendant has committed an unlawful act
  2. The act was objectively dangerous
  3. The act must cause death
  4. The defendant must also have the mens rea for the crime committed
• 1 The defendant has committed an unlawful act

  The death of the victim must be caused by an unlawful act. This unlawful act must be a criminal offence.

  Case - R v Franklin
• 1 The defendant has committed an unlawful act

  It may be a criminally unlawful act if the elements of the unlawful act were not genuinely present from the victim.

  Case - R v Lamb
• 1 The defendant has committed an unlawful act

  The unlawful act must be a positive act. This means that an omission will not meet this criteria (might be gross negligence manslaughter)

  Case - R v Lowe

  Any criminal act can potentially be an unlawful act, provided that it involves an act that is dangerous and could lead to injury: Arson, Criminal Damage or Burglary.
• 2 The act was objectively dangerous

  A reasonable and sober person must recognise there is a risk of 'some harm' from the unlawful act.

  It does not matter if the defendant did not realise there was any risk of harm to someone else.

  Case - R v Church
• 2 The act was objectively dangerous - 'some harm'


  The risk of 'some harm' refers to physical harm. If there is just fear and apprehension created, then this will not be sufficient. However, fear that might trigger 'shock' can be regarded as physical harm.

  Case - R v Dawson
• 2 The act was objectively dangerous

  Burglary would not typically be seen as being dangerous, however it is possible that it could be carried out in a way that creates a situation that is dangerous.

  Case - R v Bristow
• 2 The act was objectively dangerous

  If a reasonable and sober person is aware of the victims frailty, and therefore the risk of physical harm, then the defendant can be liable.

  Case - R v Watson
• 3 The act must cause death - causation


  The unlawful act must cause the death. We do this looking at causation.

  • Factual causation - 'but for test' - R v Pagett
  • Legal Causation - 'more than a slight or trifling link' + 'more than minimal' - R v Kimsey + R v Hughes
  • Intervening act - Medical intervention + Victim's own act - R v Jordan + R v Roberts.
• 3 The act must cause death

  If there is an intervening act that breaks the chain of causation, then the defendant cannot be liable for unlawful act manslaughter. (Victim's own act or Medical intervention)

  Case - R v Williams and Davis
• 4 The defendant must have the mens rea for the crime committed


  The defendant needs to have the mens rea for the unlawful act, not for murder. The defendant does not need to realise that their act is unlawful or dangerous.

  Case - DPP v Newbury and Jones