UNIT 4-P3, M3
ALEX OMIDVAR
Unit 4 – P3 - Explain the law on involuntary Manslaughter [IE] and M3 - apply the law on
involuntary manslaughter in given situations.
Introduction
This assignment is going to demonstrate the main two types of involuntary manslaughter
including the unlawful act manslaughter and gross negligence manslaughter. Many case
examples are going to be analysed in to establish a comprehensive assignment where every
concept is thoroughly explained and analysed. Furthermore, the actus reus and mens rea of
these involuntary manslaughter are going to be fully explored. More importantly, I am going to
analyse one of the case examples and a scenario in terms of their actus reus and mens rea in
order to decide what conviction should be considered among the two types.
Unlawful and dangerous act:
Unlawful Act manslaughter or constructive manslaughter is a type of involuntary manslaughter
in that an unlawful killing has occurred where the offender lacks the mens rea of murder or the
defendant lacks an intention to kill. Unlawful Act manslaughter is when an offender commits an
unlawful dangerous act which amounts to someone’s death. In contrast, if a defendant commits
a lawful act which then amounts in death, this may be classed as gross negligence
manslaughter. There are three elements within Unlawful Act manslaughter and these are:
1. “There must be an unlawful act”
2. “The unlawful act must be dangerous”
3. “The unlawful dangerous act must cause death”
“There must be an unlawful act”
Back in history, any unlawful act is adequate to be classed as unlawful act manslaughter even if
it was only against civil law. In the case of R v Fenton (1830), the defendant threw some stones
down a mine shaft which caused scaffolding to completely collapse. This incident resulted in the
death of some miners. The court decided that the tort trespass was enough to establish an
unlawful act for the purpose of unlawful act manslaughter.
“The unlawful act must be dangerous”
The unlawful act must be seen as dangerous. However, there has been some debate over the
meaning of dangerous. Edmund Davies LJ defined dangerous as “the unlawful act must be such
as all sober and reasonable people would inevitably recognise must subject the other person to,
at least, the risk of some harm resulting therefrom, albeit not serious harm.” The case of R v
Church (1965) was about a defendant who got into a fight after he wasn’t able to sexually
1
ALEX OMIDVAR
Unit 4 – P3 - Explain the law on involuntary Manslaughter [IE] and M3 - apply the law on
involuntary manslaughter in given situations.
Introduction
This assignment is going to demonstrate the main two types of involuntary manslaughter
including the unlawful act manslaughter and gross negligence manslaughter. Many case
examples are going to be analysed in to establish a comprehensive assignment where every
concept is thoroughly explained and analysed. Furthermore, the actus reus and mens rea of
these involuntary manslaughter are going to be fully explored. More importantly, I am going to
analyse one of the case examples and a scenario in terms of their actus reus and mens rea in
order to decide what conviction should be considered among the two types.
Unlawful and dangerous act:
Unlawful Act manslaughter or constructive manslaughter is a type of involuntary manslaughter
in that an unlawful killing has occurred where the offender lacks the mens rea of murder or the
defendant lacks an intention to kill. Unlawful Act manslaughter is when an offender commits an
unlawful dangerous act which amounts to someone’s death. In contrast, if a defendant commits
a lawful act which then amounts in death, this may be classed as gross negligence
manslaughter. There are three elements within Unlawful Act manslaughter and these are:
1. “There must be an unlawful act”
2. “The unlawful act must be dangerous”
3. “The unlawful dangerous act must cause death”
“There must be an unlawful act”
Back in history, any unlawful act is adequate to be classed as unlawful act manslaughter even if
it was only against civil law. In the case of R v Fenton (1830), the defendant threw some stones
down a mine shaft which caused scaffolding to completely collapse. This incident resulted in the
death of some miners. The court decided that the tort trespass was enough to establish an
unlawful act for the purpose of unlawful act manslaughter.
“The unlawful act must be dangerous”
The unlawful act must be seen as dangerous. However, there has been some debate over the
meaning of dangerous. Edmund Davies LJ defined dangerous as “the unlawful act must be such
as all sober and reasonable people would inevitably recognise must subject the other person to,
at least, the risk of some harm resulting therefrom, albeit not serious harm.” The case of R v
Church (1965) was about a defendant who got into a fight after he wasn’t able to sexually
1
