unlawful act/constructive manslaughter

• what is the first element of unlawful act manslaughter?

  The D commited an unlawful ACT that caused the V's death
• What is the second element of unlawful act manslaughter?

  The unlawful ACT was dangerous
• What is the third element of unlawful act manslaughter?

  The D has the men's rea of the unlawful ACT
• in the context of unlawful act manslaughter, what is the significance of the case of r v lamb?

  The men's rea and actus reus of the unlawful ACT must be proven.
• What is the significance of the case of andrews v dpp?

  Offences of negligence will not be accepted for unlawful act manslaughter
• What is the significance of the case of r v lowe?

  crimes of omissions will not be accepted for unlawful act manslaughter
• What is the significance of the case of r v Corion-Auguiste?

  The unlawful ACT must cause the death of the V
• What is the significance of the case of r v church?


  It defined what a dangerous unlawful ACT is
• What is the definition of a dangerous unlawful ACT?

  Something which sober and reasonablepeople would recognise would subjectthe other person to some risk of harm
• what is the significance of the case of DPP v Newbury N?

  The crime doesn’t have to be an offence against the person, can be criminal damage
• What is the significance of the case of r v Larkin?

  It shows how Offences against the person are always of adangerous kind
• What is the significance of the case of r v dawson and of the case of r v watson?


  It shows if the risk of danger wouldnt have been obvious then the D must be aquitted. this is because The reasonable person would only have the knowledge which D had, or should have had when the crime was committed
• What is the significance of the case of r v Le brun?

  It shows how the act must have been intentional it must have been accompanied by the mens rea to commit the act. There need not have been any intention to cause harm