Unlawful Act Manslaughter (1) Unlawful Act (UA doesn’t have to be aimed at…
Unlawful Act Manslaughter
1) Unlawful Act
Must be an act not an omission.
Khan and Khan
- Supplied girl with drugs, she required medical help but they left her and dumped her dead body.
- His child died from neglect.
Must be a criminal offence, not something unlawful in the civil law.
- Threw a box into sea from a pier; it hit someone. UA was trespassing.
Must be something that is unlawful at the beginning, not something that becomes unlawful.
- Hit and killed pedestrian whist overtaking when driving.
There must be a criminal offence, if not, it cannot be UAM.
- Shot his friend. Base crime was assault, but they didn't think there was a bullet in the gun.
- D went to railway station to find his friend but didn't see him, his friend ran across the tracks and got electrocuted. No evidence D saw V.
UA doesn’t have to be aimed at the victim; it could be aimed at another person or property.
- Set his house alight, which killed his wife and son.
- D threw brick through window of house, causing in man having a heart attack.
- Robbed petrol station and left. V had a heart attack, caused by her rare heart condition.
4) Mens Rea for the unlawful act
2) Act must be dangerous
Newbury and Jones
- Pushing stones from a railway bridge and killed guard passing below.
SRP has same knowledge of D in the circumstances of D.
SRP will not share the mistake of belief.
- Fired a gun, which he thought was blank, but it was live.
Test does not take into account low IQ or age.
JF + NE
- Set fire to a building, which killed a homeless man.
White / Pagett / Blaue/ Kennedy No 2
Act of the victim
- Young girl was attacked by youths, ran away to escape but collapsed and died, due to severe heart disease.