Unlawful Act Manslaughter

Front 1

Steps to prove unlawful act manslaughter

Back 1

1. There must be an unlawful act

2. This must be dangerous on an objective test

3. This must cause the death of the victim

4. The defendant must have the Mens Rea of the unlawful act

Front 2

1. Unlawful act

Back 2

Usually an assault or battery but can be any criminal offence.

Front 3

R v Lamb (1967)

Back 3

Defendant and friend were playing with a revolver which they did not know would fire unless the bullet was opposite the chamber. Also unaware that the rotator would find the next bullet. Victim shot but no unlawful act as victim feared no violence from defendant.

Front 4

R v Lowe (1973)

Back 4

Defendant neglected baby but the court held an omission was not enough to constitute an unlawful act.

Front 5

R v Franklin (1883)

Back 5

Defendant threw a box off a pier which hit a swimmer who died, however the court held a civil wrong is not enough.

Front 6

R v Khan and Khan (1998)

Back 6

Defendant injected victim with mixture of heroin and water. Guilty of administering a noxious substance so liable for unlawful act manslaughter as the victim died.

Front 7

2. Dangerous on an objective test

Back 7

The unlawful act must be dangerous on an objective test.

Front 8

R v Church (1966)

Back 8

Unlawful act must be "such as all sober and reasonable people would recognise there is a risk of some harm occurring".

Front 9

R v Larkin (1943)

Back 9

The victim accidentally slit her throat and died after falling on a cut-throat razor used to threaten her partner. Malice of assault transferred. Held that if the defendant is involved in an unlawful act which is dangerous and causes the death of the victim, then they are liable for unlawful act manslaughter.

Front 10

R v Mitchell (1983)

Back 10

Defendant punched man who fell onto an elderly lady who died. Unlawful act was the punching of the man, malice was transferred to the victim, so the defendant was liable.

Front 11

R v Goodfellow (1986)

Back 11

Defendant set fire to his flat so the council would re-house him. Fire got out of control and his wife, son and another woman accidentally died. Held that the unlawful act can be directed towards a property.

Front 12

R v Dawson (1985)

Back 12

Defendant robbed a petrol station and the shopkeeper died of a heart attack due to shock. The Court of Appeal held that "emotional disturbance" alone is not enough to amount to some harm.

Front 13

3. Causing the death

Back 13

There must be a causal link between the unlawful act and the death of the victim; which includes factual, legal and breaks to the chain.

Front 14

R v Cato (1976)

Back 14

Defendant and the victim injected each other with a mixture of heroin and water and the victim died. Defendant convicted of unlawful act manslaughter as committed the unlawful act of administering a noxious substance.

Front 15

R v Dalby (1982)

Back 15

Defendant supplied drug which victim self-injected and died. The Court of Appeal held that although supplying was an unlawful act, it did not cause the death of the victim as the victim injecting themself was a voluntary act which broke the chain of causation.

Front 16

R v Kennedy (2007)

Back 16

Defendant gave the victim a syringe of heroin and water who then injected themself. The House of Lords quashed the conviction for unlawful act manslaughter as the defendant had done no unlawful act which caused the death of the victim. The fact that the victim injected themself was an intervening act which broke the chain of causation. Under free will, the defendant can only be liable if they carried out the actual injection.

Front 17

4. Mens Rea for the unlawful act

Back 17

The defendant must have the sufficient Mens Rea for the unlawful act.

Front 18

R v Newbury and Jones (2007)

Back 18

Defendants pushed a paving stone from a bridge onto a passing train which killed a guard. The House of Lords confirmed it was not necessary to prove the defendant foresaw any harm from their act. The defendant can still be convicted provided the unlawful act is dangerous on an objective test and the defendant had the necessary Mens Rea for the unlawful act.