UNLAWFUL ACT MANSLAUGHTER INVOL
Intro:
D is potentially liable for the involuntary manslaughter of V, namely, unlawful act manslaughter.
This occurs when there is death, but no malice aforethought (intention to kill or cause GBH) for a
murder conviction.
The maximum penalty is anything up to life imprisonment and is down to the discretion of the
judge and can even be non-custodial.
1. D MUST DO AN UNLAWFUL ACT:
Unlawful act = must be a crime, does not matter how minor
If it not a criminal offence, then there is no possibility of a manslaughter conviction (regardless
of how dangerous the act was)
Cannot be a negligence-based offence, such as careless or dangerous driving (Meeking)
Must be a positive act (Lowe 1973):
o Father neglected baby son
o Conviction was quashed as D cannot be guilty of an unlawful act committed via an
omission
o If the father hit the child (unlawful act) and then the baby died = that would be
manslaughter
Cannot be committed via an omission:
o Omission is insufficient
1
Intro:
D is potentially liable for the involuntary manslaughter of V, namely, unlawful act manslaughter.
This occurs when there is death, but no malice aforethought (intention to kill or cause GBH) for a
murder conviction.
The maximum penalty is anything up to life imprisonment and is down to the discretion of the
judge and can even be non-custodial.
1. D MUST DO AN UNLAWFUL ACT:
Unlawful act = must be a crime, does not matter how minor
If it not a criminal offence, then there is no possibility of a manslaughter conviction (regardless
of how dangerous the act was)
Cannot be a negligence-based offence, such as careless or dangerous driving (Meeking)
Must be a positive act (Lowe 1973):
o Father neglected baby son
o Conviction was quashed as D cannot be guilty of an unlawful act committed via an
omission
o If the father hit the child (unlawful act) and then the baby died = that would be
manslaughter
Cannot be committed via an omission:
o Omission is insufficient
1
