Unlawful act mansalughter

• Introduction

  Offence has 4 key elements for the defendant to be liable;

  1. Must commit an unlawful act
  2. Must be a dangerous act
  3. Causes death
  4. Defendant must have the mens rea for the unlawful act

  This carries a maximum life sentence
• Stage 1: The death must be caused by an unlawful act

  Must be a criminal act; Franklin, an omission is not sufficient; Lowe

  If any element is missing then it is not a criminal act; Lamb

  • Must be unlawful from the start, not something that becomes unlawful as a result of actions

  Offence must be identified by the prosecution, must prove both elements (Actus Reus + Mens Rea) and disprove any defences raised for the unlawful act; Lamb

  • The act is normally an offence against the person but it can be any criminal offence;
  • Assault, battery, S47 ABH, S20 GBH
• Stage 2: Dangerous Act

  The unlawful act must be dangerous on an objective test

  • There must be an obvious risk of some harm to a sober reasonable person; Church
  • The sober reasonable person does not have to foresee that particular harm, just some harm; JM and SM
  • The sober reasonable person must have the same knowledge as the defendant at the scene; Dawson
• Stage 3: Causing the death

  The act must cause the death, determined through causation;

  1. Factual; White
  2. But for test
  3. Legal; Pagett
  4. De Minimis principle
  5. Intervening acts
  6. Thin skull rule
• Breaking the chain - Drug cases

  The person who supplies the drugs will not be liable for manslaughter, the person who consumes the drugs breaks the chain of causation; Kennedy

  • Reflects the autonomy principle

  However, if the defendant assists the victim in taking the drugs, the chain will not be broken

  If they supply to a child then the defendant is automatically liable for their death
• Stage 4: Mens Rea

  The Mens Rea for the unlawful act manslaughter is that of the unlawful act, no additional Mens Rea

  • Not necessary for the defendant to realise that the death could occur; DPP V Newbury and Jones

  For example, if the scenario included battery then the Mens Rea would be the intention to apply unlawful force to another or recklessness