Law Involuntary Manslaughter Unlawful Act

Unlawful Act intro

Unlawful Act intro

Defendant doesn’t have mens rea ( direct or oblique ) To kill or cause GBH

1. Defendant committed an unlawful act and have mens rea for said act

Defendant must do unlawful act

R v Lamb - any criminal offence suffices

R v Lowe - can’t be an omission

Defendant has to have mens rea for unlawful act

DPP v Newbury - don’t have to foresee harm

2. Act must be dangerous on an objective scale

R v Church - reasonable person rest

R v Larkin - only needs to be some risk of harm

R v Goodfellow - harm doesn’t have to be aimed at victim (could be at building)

R v JM and SM - must be physical harm

R v Dawson - causing fear and apprehension isn’t sufficient

3. Causation

Factual - R v White

Legal - R v Kimsey

Thin skull rule - R v Blaue

Intervening acts ( novus actus interveniens)