[Unlawful act manslaughter] ❶ The [Unlawful act manslaughter] ❷ Dangerous act) [Dangerous act] ② Church test) The act must be
unlawful act) The baseline act is what The following factors also need to be established: dangerous in the since that the average person
establishes the unlawful act and in when by • The risk of some harm NOT serious harm. would recognise that it would cause some form
doing that unlawful act, It resulted in death (Larkin) of harm to another. This is defined as in the
and the defendant did not possess the MR of • The unlawful act can be aimed at: Church test. (R v church 1966)
murder. The three things that are required to • Another person (Michell)
make up an unlawful act in UAM is: • Property (Goodfellow) R v Church: “A sober and reasonable person
• Conduct must be an act or omission • The fragility of the victim must be conceded. If would realise the risk of some harm from the
(R v Lowe). a sober and reasonable man could recognise defendants actions.”
• Conduct must be a criminal wrong that someone was evidently frail, then its
and not a civil wrong ( R v Lamb). dangerous (R v Watson). But if they couldn't
• The act must be criminal (R v tell, then D isn’t expected to (R v Dawson).
Franklin) This does not interfere with the thin skull rule
as causation is proved secondly.
[Unlawful act manslaughter] ❸ Causation)
The unlawful and dangerous act must cause
death.
• But for test (Pagget)
• D must be the substantial and operative
Involuntary Manslaughter cause of death (Smith).
[Unlawful act manslaughter]
Sentencing) The sentence is Unlawful act Manslaughter
discretionary life sentence.
[Unlawful act manslaughter] Definition) Unlawful act [Unlawful act manslaughter] ❹ Mens Rea)
manslaughter is unlawful killings that full short of murder, because D must have the MR for the unlawful act e.g.
the defendant lacks the necessary mens rea. It is when D kills by an MR for battery or arson. The defendant does
unlawful and dangerous act. The defendant does not have the not need to foresee death or serious harm
mens rea for murder, but does have the mens rea for the unlawful from thus unlawful criminal act. (Newbury
criminal act. The defended does not need to foresee the act nor and Jones)
realise that the act is unlawful or dangerous.
Proven first Proven second
• Using the church • Causation is then
❶ ❷ ❸ ❹ test, dangerous proven next
There Which is Which D must act is proven where factors
must be dangerous caused have the • This test does such as the think
an on an the mens rea not used legal skull rule would
unlawful objective victims for that examples from be considered.
act. test death. unlawful causation.
act
Jake Saville (LVTc2-12/13) 29
unlawful act) The baseline act is what The following factors also need to be established: dangerous in the since that the average person
establishes the unlawful act and in when by • The risk of some harm NOT serious harm. would recognise that it would cause some form
doing that unlawful act, It resulted in death (Larkin) of harm to another. This is defined as in the
and the defendant did not possess the MR of • The unlawful act can be aimed at: Church test. (R v church 1966)
murder. The three things that are required to • Another person (Michell)
make up an unlawful act in UAM is: • Property (Goodfellow) R v Church: “A sober and reasonable person
• Conduct must be an act or omission • The fragility of the victim must be conceded. If would realise the risk of some harm from the
(R v Lowe). a sober and reasonable man could recognise defendants actions.”
• Conduct must be a criminal wrong that someone was evidently frail, then its
and not a civil wrong ( R v Lamb). dangerous (R v Watson). But if they couldn't
• The act must be criminal (R v tell, then D isn’t expected to (R v Dawson).
Franklin) This does not interfere with the thin skull rule
as causation is proved secondly.
[Unlawful act manslaughter] ❸ Causation)
The unlawful and dangerous act must cause
death.
• But for test (Pagget)
• D must be the substantial and operative
Involuntary Manslaughter cause of death (Smith).
[Unlawful act manslaughter]
Sentencing) The sentence is Unlawful act Manslaughter
discretionary life sentence.
[Unlawful act manslaughter] Definition) Unlawful act [Unlawful act manslaughter] ❹ Mens Rea)
manslaughter is unlawful killings that full short of murder, because D must have the MR for the unlawful act e.g.
the defendant lacks the necessary mens rea. It is when D kills by an MR for battery or arson. The defendant does
unlawful and dangerous act. The defendant does not have the not need to foresee death or serious harm
mens rea for murder, but does have the mens rea for the unlawful from thus unlawful criminal act. (Newbury
criminal act. The defended does not need to foresee the act nor and Jones)
realise that the act is unlawful or dangerous.
Proven first Proven second
• Using the church • Causation is then
❶ ❷ ❸ ❹ test, dangerous proven next
There Which is Which D must act is proven where factors
must be dangerous caused have the • This test does such as the think
an on an the mens rea not used legal skull rule would
unlawful objective victims for that examples from be considered.
act. test death. unlawful causation.
act
Jake Saville (LVTc2-12/13) 29
