Unlawful killing without an intention to cause grievous bodily harm or kill the victim. Do not have the mensrea 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. Mensrea - D must have the MR that is required for the unlawful act
Unlawful act
Must be a criminalact
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 ordinaryreasonable would see a risk of someharm
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.'