Unlawful Act Manslaughter
Involuntary manslaughter is charged when the defendant has committed an unlawful killing,
because they do not have the mens rea for murder.
These offences are charged when the mens rea of murder cannot be satisfied, but a lower
level of mens rea does not exist.
Unlawful act manslaughter
Gross negligence manslaughter
The importance of alternative fatal offences to murder
- The mens rea of murder is ‘intention to kill or cause grievous bodily harm’. This is a
high level of mens rea and requires a significant amount of evidence to prove.
- With involuntary manslaughter, the judge can acknowledge a lower level of mens rea
and have more discretion on what sentence to impose.
- The judge can impose a lesser sentence of up to a maximum life sentence.
Unlawful Act Manslaughter
This is where a defendant has committed an unlawful and dangerous act which has caused
a death of a victim. The defendant can still be liable even if they did not realise that death or
injury might be a result.
There was an unlawful act
The act was objectively dangerous
The act must cause death
The defendant has the mens rea of the unlawful act
The defendant has committed an unlawful act
The death of the victim must be caused by an unlawful act.
R v Franklin (1883)
- The defendant threw a block off the West Pier of Brighton. They were aiming to throw
the box into the sea. The box hit and killed a swimmer.
- The Courts determined that this was a civil wrong and therefore will not be an issue
to be discussed under lawful act manslaughter.
Any criminal act can potentially be an unlawful act if it involves an act that is dangerous and
could lead to injury.
R v Lowe (1973)
An unlawful act must be a positive act. This means that an omission is not sufficient.
- The defendant neglected their child, who then later died as a
R v Lamb (1967)
It may not be a criminally unlawful act if the elements of the unlawful act were not genuinely
present from the victim.
-
Involuntary manslaughter is charged when the defendant has committed an unlawful killing,
because they do not have the mens rea for murder.
These offences are charged when the mens rea of murder cannot be satisfied, but a lower
level of mens rea does not exist.
Unlawful act manslaughter
Gross negligence manslaughter
The importance of alternative fatal offences to murder
- The mens rea of murder is ‘intention to kill or cause grievous bodily harm’. This is a
high level of mens rea and requires a significant amount of evidence to prove.
- With involuntary manslaughter, the judge can acknowledge a lower level of mens rea
and have more discretion on what sentence to impose.
- The judge can impose a lesser sentence of up to a maximum life sentence.
Unlawful Act Manslaughter
This is where a defendant has committed an unlawful and dangerous act which has caused
a death of a victim. The defendant can still be liable even if they did not realise that death or
injury might be a result.
There was an unlawful act
The act was objectively dangerous
The act must cause death
The defendant has the mens rea of the unlawful act
The defendant has committed an unlawful act
The death of the victim must be caused by an unlawful act.
R v Franklin (1883)
- The defendant threw a block off the West Pier of Brighton. They were aiming to throw
the box into the sea. The box hit and killed a swimmer.
- The Courts determined that this was a civil wrong and therefore will not be an issue
to be discussed under lawful act manslaughter.
Any criminal act can potentially be an unlawful act if it involves an act that is dangerous and
could lead to injury.
R v Lowe (1973)
An unlawful act must be a positive act. This means that an omission is not sufficient.
- The defendant neglected their child, who then later died as a
R v Lamb (1967)
It may not be a criminally unlawful act if the elements of the unlawful act were not genuinely
present from the victim.
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