Unlawful Act Manslaughter

• U

  Drink

  Cow's

  Milk
• Also known as constructive manslaughter.
• 1. There must be an unlawful act.
• Franklin


  Must be a criminal offence, a civil wrong is not sufficient.
• Lamb


  Must be a criminal act.
• Lowe


  Must be an actual physical act, an omission is not enough.
• 2. The Unlawful act must be dangerous

  D does not need to realise a risk of harm or injury.
• Church


  Objective test 'sober and reasonable person must see a risk of some harm - albeit not serious harm'
• Larkin, Mitchell


  Act does not need to be aimed at the vicitm. Starting a chain of events.
• Goodfellow


  Act does not need to be aimed at a person.
• Dawson


  Risk of harm must be physical in order to be deemed dangerous.
• 3. The unlawful act must cause death.
• Causation rules apply - the act must be the physical and legal cause of the death. Thin skull rule application if relevant.
• Dalby


  Injection voluntary, not guilty.
• Kennedy


  Prepared injection, encouraged it, found guilty at first instance but quashed. Self-injecting breaks chain.
• 4. The defendant must have the mens rea for the unlawful act.
• Newbury and Jones 


  Must have the mens rea for the unlawful act. Does not need to foresee any harm.