Unlawful act manslaughter

• Σ


  Involuntary Manslaughter
• Unlawful Act Manslaughter


  Also known as constructive manslaughter
• Elements that must be proven for a conviction of Unlawful Act Manslaughter

  1. The D must do an unlawful act

  2. That act must be dangerous on an objective test

  3. The act must cause the death

  4. The D must have the required mens rea for the unlawful act
• Unlawful Act


  The V's death must be caused by an unlawful act
• In Franklin, it was stated that the unlawful act must be a criminal offence, a civil wrong (tort) is not enough for the purpose of unlawful act manslaughter
• Offences which have been found to have been unlawful acts

  • Arson
  • Criminal Damage
  • Burglary
• Dangerous Act


  The unlawful act must be dangerous from an objective basis, in Church (1966) it was stated: "...the sober and reasonable person would foresee that some harm might occur from the defendant's actions, it does not have to be serious harm."
• The dangerous, unlawful act does not need to be aimed at the victim, as seen in Mitchell
• In Goodfellow it was stated that the unlawful act does not need to be aimed at a person; it can be aimed at property as long as it carries the risk of causing some physical harm
• The risk of harm refers to physical harm. As established in Dawson, something which only causes fear and apprehension is not sufficient
• However, it has been decided in Watson that where a reasonable person would be aware of the victim's frailty and the risk of physical harm to him, then the D will be liable
• Causes Death


  The unlawful act must cause V's death. The rules on causation are the same as for murder. If there is an intervening act which breaks the chain of causation, then the D cannot be liable for manslaughter.
• Mens Rea for UAM

  It must be proved that the D had the mens rea for the unlawful act, but it is not necessary for the D themselves to realise that the act is unlawful or dangerous as seen in Newbury and Jones