UNLAWFUL ACT MANSLAUGHTER:
Source – Common law
Definition – An offence requiring the death to have been caused by the defendants unlawful conduct, rather than
deliberately intending to kill
Element 1: Unlawful Act
The first element or requirement of unlawful act manslaughter is there must be an unlawful act
D must have committed an unlawful act
D must have had the MR for the unlawful act
The act must be unlawful (criminal) e.g arson, robbery or assault (R v Franklin)
The act must be a positive act (not an omission) – R v Lowe
However the act does not need to be directed against the victim or any person as it can include assisting in
the administration of a drug (R v Rodgers)
Key Case: Franklin 1883
D threw a large box into the sea from the pier in Brighton. The box hit and killed a swimmer. D’s act was a civil wrong
doing (negligent) but it was not a criminal act
Types of offence which have lead to unlawful act manslaughter include…
- Arson (Goodfellow)
- Criminal Damage (Newbury and Jones)
- Burglary (Watson)
- Theft (Willett)
- Robbery (Dawson)
- Assault (Larkin, Lamb)
- Battery (Church, Mitchell)
- Administering a noxious substance contrary to S23 OAPA 1861 (Cato)
- Cruetly to a person under 16 contrary to S1 Children and Young Persons Act 1933 (Gay)
- Endangering road users (Meeking)
- Affray (public disorder offences)
Key Case: R v Lowe 1973
D was convicted of wilful neglect of his 9-week-old baby, as he failed to call a doctor for her unwell condition. His
manslaughter conviction was quashed, as unlawful act manslaughter requires a positive act.
Key Case: R v Lamb 1967
D and V were playing with a loaded revolver, believing it wouldn't fire. However, the barrel rotated, and the next
bullet fired, killing V. D's manslaughter conviction was quashed as there was no unlawful act and he didn't have the
AR for common law assault, as V didn't fear an assault.
Element 2: Dangerous Act
Jury deicide what is dangerous
Jury apply an objective test (R v Church)
There must be some risk of harm (but it doesn’t have to be serious harm). Should usually be physical harm
However in R v Watson, causing shock/fear would be sufficient if V’s frailty was obvious
R v Dawson not guilty of UAM because V’s pre existing heart condition was not obvious
Act does not have to be aimed at the victim (R v Larkin/R v Mitchell)
D does not have to appreciate that his act was dangerous. He does not have to foresee the risk of harm to others/ R v
Newbury and Jones
Source – Common law
Definition – An offence requiring the death to have been caused by the defendants unlawful conduct, rather than
deliberately intending to kill
Element 1: Unlawful Act
The first element or requirement of unlawful act manslaughter is there must be an unlawful act
D must have committed an unlawful act
D must have had the MR for the unlawful act
The act must be unlawful (criminal) e.g arson, robbery or assault (R v Franklin)
The act must be a positive act (not an omission) – R v Lowe
However the act does not need to be directed against the victim or any person as it can include assisting in
the administration of a drug (R v Rodgers)
Key Case: Franklin 1883
D threw a large box into the sea from the pier in Brighton. The box hit and killed a swimmer. D’s act was a civil wrong
doing (negligent) but it was not a criminal act
Types of offence which have lead to unlawful act manslaughter include…
- Arson (Goodfellow)
- Criminal Damage (Newbury and Jones)
- Burglary (Watson)
- Theft (Willett)
- Robbery (Dawson)
- Assault (Larkin, Lamb)
- Battery (Church, Mitchell)
- Administering a noxious substance contrary to S23 OAPA 1861 (Cato)
- Cruetly to a person under 16 contrary to S1 Children and Young Persons Act 1933 (Gay)
- Endangering road users (Meeking)
- Affray (public disorder offences)
Key Case: R v Lowe 1973
D was convicted of wilful neglect of his 9-week-old baby, as he failed to call a doctor for her unwell condition. His
manslaughter conviction was quashed, as unlawful act manslaughter requires a positive act.
Key Case: R v Lamb 1967
D and V were playing with a loaded revolver, believing it wouldn't fire. However, the barrel rotated, and the next
bullet fired, killing V. D's manslaughter conviction was quashed as there was no unlawful act and he didn't have the
AR for common law assault, as V didn't fear an assault.
Element 2: Dangerous Act
Jury deicide what is dangerous
Jury apply an objective test (R v Church)
There must be some risk of harm (but it doesn’t have to be serious harm). Should usually be physical harm
However in R v Watson, causing shock/fear would be sufficient if V’s frailty was obvious
R v Dawson not guilty of UAM because V’s pre existing heart condition was not obvious
Act does not have to be aimed at the victim (R v Larkin/R v Mitchell)
D does not have to appreciate that his act was dangerous. He does not have to foresee the risk of harm to others/ R v
Newbury and Jones
