INVOLUNTARY MANSLAUGHTER
a. Involuntary Manslaughter
- Definition: D causes death of V without intention to kill or cause voluntary harm to V
- Two types:
o Unlawful Dangerous Act Manslaughter (UDAM)
o Gross Negligence Manslaughter (GNM)
b. Unlawful Dangerous Act Manslaughter
- Requirements
1. D committed an unlawful act
2. Act was objectively dangerous
3. Act caused the death of V
bi. Unlawful Act
- Unlawful act must be a criminal offence; civil offence will not suffice (R v Franklin)
- Usually the “unlawful act” is an offence against the person
R v Lamb
D shot his friend with a gun he thought was unloaded
D was not convicted of manslaughter here as no unlawful act committed; neither battery
nor assault
Held that criminal offence requires subjective fault, cannot be based on negligence
R v Kennedy
D gave V heroin she self-injected
D charged with UDAM
Held that there was a break in chain of causation, as V made free, deliberate and
informed choice to self-inject D did not commit unlawful act
R v Dhaliwal
D abused wife until V hung herself
D charged with UDAM, based on psychiatric illness of wife
Wife was dead and thus could not prove psychiatric illness no unlawful act
bia. Must be an Act and not an Omission
- In cases of omission, use gross negligence manslaughter instead
R v Lowe
Child was ill but D opted not to bring the child to a doctor
Unlawful act was said to be child cruelty
Held that the defendant needed to actively contribute toward the cause of death
Child cruelty for this would need actual committal of an act rather than by omission
bib. Act Must be Objectively Dangerous
- Objective test, no benefit of hindsight
R v Church
a. Involuntary Manslaughter
- Definition: D causes death of V without intention to kill or cause voluntary harm to V
- Two types:
o Unlawful Dangerous Act Manslaughter (UDAM)
o Gross Negligence Manslaughter (GNM)
b. Unlawful Dangerous Act Manslaughter
- Requirements
1. D committed an unlawful act
2. Act was objectively dangerous
3. Act caused the death of V
bi. Unlawful Act
- Unlawful act must be a criminal offence; civil offence will not suffice (R v Franklin)
- Usually the “unlawful act” is an offence against the person
R v Lamb
D shot his friend with a gun he thought was unloaded
D was not convicted of manslaughter here as no unlawful act committed; neither battery
nor assault
Held that criminal offence requires subjective fault, cannot be based on negligence
R v Kennedy
D gave V heroin she self-injected
D charged with UDAM
Held that there was a break in chain of causation, as V made free, deliberate and
informed choice to self-inject D did not commit unlawful act
R v Dhaliwal
D abused wife until V hung herself
D charged with UDAM, based on psychiatric illness of wife
Wife was dead and thus could not prove psychiatric illness no unlawful act
bia. Must be an Act and not an Omission
- In cases of omission, use gross negligence manslaughter instead
R v Lowe
Child was ill but D opted not to bring the child to a doctor
Unlawful act was said to be child cruelty
Held that the defendant needed to actively contribute toward the cause of death
Child cruelty for this would need actual committal of an act rather than by omission
bib. Act Must be Objectively Dangerous
- Objective test, no benefit of hindsight
R v Church
