Unlawful Act Manslaughter / Constructie Manslaughter
Test:
D must haie performed an act, which was:
1) Unlawful;
2) Dangerous; and
3) Killed V.
Test: D must have performed Case name Point of law
an act which was:
Unlawful Lamb There was no fear, therefore no assault, furthermore there was no ‘unlawful
act’. Law proiides for complete accidents.
Franklin Ciiil wrongs don’t apply as ‘unlawful acts’.
Lowe Cannot be commit through omission as no ‘acts’ in omissions.
Dangerous Church Proiided the objectie test for ‘dangerousness’ – would the sober,
reasonable person see the act as dangerous / realised the risk of some harm?
Watson Burglary is a dangerous and unlawful act.
Caused the death of V Attorney Geeneral eeference Unlawful act on the mother caused the death on the baby. There is no
(no3 of 1994) requirement under UAM that they unlawful act needs to be aimed at V.
Mitchell Unlawful act does not need to be aimed at V.
Kennedy (no2) If you are actie partcipant in injecton of drugs you will be liable for death,,
howeier, Kennedy did not inject V so coniicton was quashed – V’s actons
were free, ioluntary and informed.
Test:
D must haie performed an act, which was:
1) Unlawful;
2) Dangerous; and
3) Killed V.
Test: D must have performed Case name Point of law
an act which was:
Unlawful Lamb There was no fear, therefore no assault, furthermore there was no ‘unlawful
act’. Law proiides for complete accidents.
Franklin Ciiil wrongs don’t apply as ‘unlawful acts’.
Lowe Cannot be commit through omission as no ‘acts’ in omissions.
Dangerous Church Proiided the objectie test for ‘dangerousness’ – would the sober,
reasonable person see the act as dangerous / realised the risk of some harm?
Watson Burglary is a dangerous and unlawful act.
Caused the death of V Attorney Geeneral eeference Unlawful act on the mother caused the death on the baby. There is no
(no3 of 1994) requirement under UAM that they unlawful act needs to be aimed at V.
Mitchell Unlawful act does not need to be aimed at V.
Kennedy (no2) If you are actie partcipant in injecton of drugs you will be liable for death,,
howeier, Kennedy did not inject V so coniicton was quashed – V’s actons
were free, ioluntary and informed.
