fatal offences

• Involuntary manslaughter


  Unlawful killing without an intention to cause grievous bodily harm or kill the victim. Do not have the mens rea for murder.
• Unlawful act manslaughter


  1. Actus reus - committed an unlawful act

  2. The act must be dangerous (objective test)

  3. The act must cause the death

  4. Mens rea - D must have the MR that is required for the unlawful act
• Unlawful act


  Must be a criminal act
• Unlawful acts


  • Assault (R v Mitchell)
  • Arson (R v Goodfellow)
  • Criminal damage (R v Newbury and Jones)
  • Burglary (R v Watson)
• Unlawful act


  • Cannot be an omission (R v Lowe)
• The unlawful act must be considered dangerous. The test for dangerousness was established in R v Church (1967).
• Dangerousness test


  Objective test in that ordinary reasonable would see a risk of some harm
• Dangerous acts


  • Threatening with a cut throat razor (R v Larkin)
  • Punching an old man who fell and knocked over another who died (R v Mitchell)
• Dangerous act - only SOME harm must be foreseeable (R v JM and SM)
• R v Lamb: 'D was not liable for victim's death as there was no assault - V did not fear any violence. The D had not committed an unlawful act - no UAM.'
• R v Lowe: 'A finding of wilful neglect is a failure to act and cannot therefore be UAM.'