Unlawful Act Manslaughter

What is Unlawful Act Manslaughter?

D commits a less serious offence but, in the process, kills someone

What is the Actus Reus of Unlawful Act Manslaughter?

Actus Reus of Unlawful act + a Dangerous Act

What is an Unlawful Act?

A positive act and a criminal offence (normally a non-fatal offence)

R v Church

An act is dangerous if a reasonable and sober person saw a risk o some harm resulting from it

R v Dawson

If V suffers a heart attack due to an underlying heart condition, but it’s not obvious to a reasonable observer based on appearance, D is not liable

R v Pagett

“But For” Test

R v Smith

D made a “significant contribution” to the outcome

R v Blaue

Thin Skull Rule (can be overruled)

R v Cheshire/Jordan

Acts of 3rd party

R v Roberts/Williams

Victim’s own act

R v Kennedy

Drug dealer can’t be found guilty of manslaughter if someone dies after taking drugs sold by him as V’s act of freely taking drugs breaks chain of causation

What is the Mens Rea for Unlawful Act Manslaughter?

Mens Rea of Unlawful Act