The first in a two part series looking at the offences under the heading of involuntary manslaughter. This document looks at the offence of Unlawful Act Manslaughter. It outlines the current law on the matter with relevant examples and illustrations in case law. Included also is law reform suggesti...
Involuntary manslaughter covers cases where the actus reus of murder is present
(there has been a killing), but the mens rea of murder has not been satisfied. This
means that the defendant in question did not have an intent to kill or cause serious
harm.
Andrews v DPP – Lord Atkin – manslaughter is based mainly on the absence of an
intent to kill, but there is also an element of unlawfulness which is the elusive factor
Manslaughter is an example of what is known as a constructive crime. This means
that the mens rea of a lesser offence can suffice for a crime with a more serious
actus reus. Unlawful Act Manslaughter is sometimes known because of this as
constructive manslaughter (note for exams use of either term is sufficient).
It is possible to argue that such a rule is unfair because it means when a much lesser
offence is intended, but a stroke of luck death results, then the consequences for the
defendant can vary vastly.
Consider this example – is it fair for a defendant who intends to commit a battery,
but accidently instead causes the death of the victim, to be liable as a murderer and
receive a life sentence even though the offence the intended has a maximum
sentence of 6 months? – arguably seems disproportionate.
Unlawful Act Manslaughter (UAM)
What are the elements of UAM?
The main requirement for offence of UAM come from the famous case of R v
Goodfellow – The requirements outlined in the case are as follows:
1) There must be an unlawful act
2) The unlawful act must be intentionally performed
3) The unlawful act is committed in circumstances rendering it dangerous
4) The unlawful act causes death
We will now consider each of these elements in turn
1 – Unlawful Act
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