Involuntary manslaughter

• Unlawful and dangerous act manslaughter

  A dangerous act done that leads to the death of another
• R v Arobieke


  A positive act is needed
• R v Lamb


  no fear = no assault = No UDAM
• R v Church


  Act of beating her was part of one continuing act and was a dangerous act
• Newbury and Jones


  Dangerousness is objective
• R v Dawson


  Something which causes fear and apprehension is not sufficient if the reasonable person would not have known.
• R v Mitchell


  The original act was dangerous enough where it was foreseeable to cause injury
• AG reference No 4


  Multiple acts may cause a death. No need to prove the one that did
• Gross negligence manslaughter


  an offence requiring the death to have been caused by the defendant's gross negligence, rather than deliberately
• Adomako


  Leading Case for GNM
• Pitwood


  Contractual duty to act
• Stone and Dobinson


  Duty to act if you have voluntarily taken on a responsibility.
• R v Dytham


  Policeman have a duty to act when see a crime being committed, liable for omission if not
• R v Miller


  Dangerous situation and failure to control dangerous situation
• Gibbins and Proctor


  Duty because of a relationship
• R v Misra


  A risk of death is enough to make the negligence gross
• Mens rea for GNM

  No mens rea required for the negligence.
• What is involuntary manslaughter?

  An unlawful killing where the defendant does not have the intention.
• Two types of involuntary manslaughter

  Unlawful act and gross negligence
• 4 Key elements of unlawful manslaughter

  1.The defendant must do an unlawful act. (Actus reus)

  2.That act must be dangerous on an objective test.

  3.The act must cause death.

  4.The defendant must have the required mens rea for the unlawful act.
• Unlawful act means..


  The act must be 'unlawful'

  I.e a crime in itself

  If any of the elements of the

  crime is missing it isn't

  manslaughter.
• Case for unlawful act

  R v Lamb
• Point of law of R v Lowe

  There must be an act an omission wont do.
• Point of law of R v Church

  Would a sober & reasonable person realise the risk of some harm.
• Point of law of R v Larkin


  The risk need only be of some harm - not of serious harm (harm means injury).
• Point of law of R v Mitchell


  The unlawful, dangerous act need not be aimed at the victim (transferred malice).
• Point of law of R v J M and S M

  It is not necessary for the sober and reasonable person to foresee the particular type of harm that victim suffers.
• Point of law of Dawson

  Emotional fear is not enough, needs to be physical harm.
• Point of law of Watson


  Sober & Reasonable person has the same knowledge as D at the scene.
• Point of law of Goodfellow


  The act can even be aimed at the property.
• Point of law of Kennedy


  Merely preparing an injection of drugs for another is not a cause of death.
• Point of law of Newbury and Jones

  Mens rea for the dangerous unlawful act needs to be proved but it is not necessary to prove that D foresaw any harm from his act.