Involuntary Manslaughter
- Deals with situations where D kills V without having required mens rea
Unlawful Act Manslaughter
- Where D intentionally commits an unlawful act which a reasonable person would recognise
exposes the victim to the risk of some harm and the victim dies as a result
• Larkin [1944]
• D saw V with another man and brandished razor to scare man
• V drunkenly swayed towards him and fell on razor, cutting her throat and killing her
• D convicted of manslaughter and appeal dismissed
• Case defines UAM
• DPP v Newbury and Jones [1977]
• Ds pushed paving stone over bridge onto oncoming train, killing a guard
• Ds convicted of manslaughter and appeal dismissed
• Elements of UAM identified
- Elements
1. D must intentionally do an act
• Relates to act committed by D, not V’s death
• Omissions cannot create liability for UAM (R v Lowe [1973])
2. Act must be unlawful
• Act must be a criminal offence (‘base offence’)
• Civil wrong not sufficient as unlawful act
• Franklin [1883]
• D threw box in sea, which struck V and killed him
• Held that tort of trespassing on the property is not sufficient for UAM, so D convicted of
GNM
• AR and MR of base offence must be proved by prosecution, and if it cannot be proved then no
conviction for UAM (R v Grey [2024])
• Lamb [1967]
• D pointed loaded revolver at V, and both knew that there were bullets in the cylinder but
cylinder rotated when trigger was pulled, killing V
• D convicted of UAM and appealed
• Conviction quashed because MR for assault not present, as D did not recognise a risk of V
apprehending immediate and unlawful violence
• No liability for UAM where D has a defence to the unlawful act (Webster v Crown Prosecution
Service [2014])
• Minor instance of group fighting in public can constitute unlawful act for UAM
• M [2013]
• V was nightclub doorman with heart condition
• Became involved in verbal altercation with Ds, which resulted in him collapsing from shock
and dying
• Offence of interference with motor vehicle could constitute unlawful act
• Meeking [2012]
• D was passenger in car husband was driving
• D pulled on handbrake while he was driving without warning, causing the car to spin and
collide with another car, killing him
• CoA upheld D’s conviction
- Deals with situations where D kills V without having required mens rea
Unlawful Act Manslaughter
- Where D intentionally commits an unlawful act which a reasonable person would recognise
exposes the victim to the risk of some harm and the victim dies as a result
• Larkin [1944]
• D saw V with another man and brandished razor to scare man
• V drunkenly swayed towards him and fell on razor, cutting her throat and killing her
• D convicted of manslaughter and appeal dismissed
• Case defines UAM
• DPP v Newbury and Jones [1977]
• Ds pushed paving stone over bridge onto oncoming train, killing a guard
• Ds convicted of manslaughter and appeal dismissed
• Elements of UAM identified
- Elements
1. D must intentionally do an act
• Relates to act committed by D, not V’s death
• Omissions cannot create liability for UAM (R v Lowe [1973])
2. Act must be unlawful
• Act must be a criminal offence (‘base offence’)
• Civil wrong not sufficient as unlawful act
• Franklin [1883]
• D threw box in sea, which struck V and killed him
• Held that tort of trespassing on the property is not sufficient for UAM, so D convicted of
GNM
• AR and MR of base offence must be proved by prosecution, and if it cannot be proved then no
conviction for UAM (R v Grey [2024])
• Lamb [1967]
• D pointed loaded revolver at V, and both knew that there were bullets in the cylinder but
cylinder rotated when trigger was pulled, killing V
• D convicted of UAM and appealed
• Conviction quashed because MR for assault not present, as D did not recognise a risk of V
apprehending immediate and unlawful violence
• No liability for UAM where D has a defence to the unlawful act (Webster v Crown Prosecution
Service [2014])
• Minor instance of group fighting in public can constitute unlawful act for UAM
• M [2013]
• V was nightclub doorman with heart condition
• Became involved in verbal altercation with Ds, which resulted in him collapsing from shock
and dying
• Offence of interference with motor vehicle could constitute unlawful act
• Meeking [2012]
• D was passenger in car husband was driving
• D pulled on handbrake while he was driving without warning, causing the car to spin and
collide with another car, killing him
• CoA upheld D’s conviction
