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Lecture notes

homocide - manslaughter

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Notes on manslaughter based on lecture materials. includes unlawful acts manslaughter, unlawful act manslaughter and reckless manslaughter and the tests for these as well as key cases and case facts. presented in a colourful format.

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  • May 27, 2022
  • 11
  • 2021/2022
  • Lecture notes
  • Laurene
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Available practice questions

Manslaughter revision question flashcards

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Some examples from this set of practice questions

1.

What is another name for constructive manslaughter?

Answer: Unlawful Act Manslaughter (UAM)

2.

Is UAM a result or conduct crime?

Answer: UAM is a result crime

3.

What is the umbrella term for the 3 types of manslaughter

Answer: Involuntary manslaughter

4.

In which case is the legal test for UAM found?

Answer: AG’s Ref (No. 3 of 1994) [1998] AC 245

5.

What is the test for UAM?

Answer: Legal tests: AG’s Ref (No. 3 of 1994) [1998] AC 245. š- D committed an unlawful act. š- The unlawful act must also have been dangerous. š- An unlawful and dangerous act which caused the death of V.

6.

What should the base offence be for an unlawful act?

Answer: The base offence should be the Actus Reus and mens rea of a criminal act NOT a Civil wrong

7.

What is the key case for an unlawful act?

Answer: šR v. Franklin (1883) 15 Cox CC 163;

8.

In which case was it said that the unlawful act must be intrinsically criminal?

Answer: šAndrews v. DPP [1937] AC 576;

9.

Can UAM be committed via and omission?

Answer: No - said in the case of šR v. Lowe [1973] QB 702

10.

What does it mean if the unlawful act must have been dangerous?

Answer: There must have been some risk of physical injury - R v. Carey [2006] Crim LR 842:

Content preview

Homicide – constructive manslaughter

Involuntary manslaughter
Umbrella term for 3 manslaughter offences
 Constructive manslaughter
 Gross negligence
 Reckless manslaughter
No traditional Actus Rea/Mens Rea divide but set of tests which include AR/MR Issues.


Constructive manslaughter
A.k.a. ‘unlawful (dangerous) act manslaughter’ – ‘U(D)AM’
o E.g if D pushes V the push is a crime in itself that is an offence against the person,
but D will also be liable for constructive manslaughter if the offence against the
person causes the death of V.
Result crime
o D’s act must take place in particular circumstances which cause both the
required result of the base offence and the ultimate result, V’s death.



Legal tests: AG’s Ref (No. 3 of 1994) [1998] AC 245.
š D committed an unlawful act.
š The unlawful act must also have been dangerous.
š An unlawful and dangerous act which caused the death of V.




An unlawful act
š Base offence: AR and MR of a criminal act (NOT a civil wrong) are required.
š R v. Franklin (1883) 15 Cox CC 163;
š D was walking along Brighton Pier & for some unknown reason threw
and empty wooden beer crate into the sea. The crate struck & killed V
who was swimming in the sea below.
š Prosecution argued that liability for constructive manslaughter aros
from trespass to goods, a tort or civil wrong by D.
š This was rejected by the court, the unlawful act had to be a crime

, š since the case of Franklin there has been no liability for constructive
manslaughter on the basis of mere civil law wrongdoing.
š R v. Goodfellow (1986) 83 Cr App R 23.


š ‘Intrinsically’ criminal?
š Andrews v. DPP [1937] AC 576;
š It was said than the act had to be intrinsically criminal.
š This appears to mean that a strict liability offence or an offence of
negligence e.g. dangerous driving as in Andrews cannot form the basis
of constructive manslaughter.

š R v. Lamb [1967] 2 QB 981;
š Confirmed in Lamb when negligence is present, gross negligence
manslaughter could be used instead.

š R v. Andrews [2003] Crim LR 477.
š D was convicted of constructive manslaughter, where he injected V
with insulin contrary to the Medicines Act 1968. Even though this was
strict liability offence.
Note: if D has no mens rea of has a defence, then there is no base offence & thereby no
liabiliuty for constructive manslaughter.

š An act, NOT an omission:
š R v. Lowe [1973] QB 702.
š D failed to call for a medical assistance for a dying child & the Court of Appeal
held that constructive manslaughter could not be based on an omission.
š In practice, if the case does involve an omission, the prosecution may often
choose to present the case as one of gross negligence manslaughter.




An unlawful act
š The unlawful act must also have been dangerous
R v. Carey [2006] Crim LR 842: there must be a risk of some physical injury.

š Assessed objectively.
R v. Church [1966] 1 QB 59: a reasonable person in D’s shoes would have
appreciated that the act was dangerous.
R v. JF [2015] 2 Cr App R 5.

R v. Dawson (1985) 81 Cr App R 150.




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