Unlawful Act Manslaughter

Unlawful act manslaughter is another form of manslaughter that occurs when a person commits an unlawful and dangerous act that unintentionally results in someone's death. This page outlines the four key elements required to establish unlawful act manslaughter requirements.

1. Unlawful Act: The defendant must have committed an unlawful act.

   • Examples include assault, battery, speeding, or robbery
   • The act must be a criminal offense, not a civil wrong (R v Franklin)
   • It must be an act, not an omission (R v Lowe)
   • The act does not need to be aimed at the intended victim (R v Mitchell)
   • The act can be aimed at property (R v Goodfellow)

2. Dangerous Act: The unlawful act must be considered dangerous.

   • This is determined by an objective test (R v Church)
   • A sober and reasonable person would recognize that some harm could result from the act

3. Causation of Death: The unlawful act must cause death.

   • Factual causation: "But for" test (R v White)
   • Legal causation: Significant contribution (R v Kimsey)
   • Potential breaks in the chain of causation (R v Jordan / R v Kennedy)

4. Mens Rea: The mental element of the unlawful act must be established.

   • The defendant only needs the mens rea (mental state) for the unlawful act they committed, not for causing death
   • Example: R v Newbury and Jones (criminal damage)

Definition: Mens Rea - The mental element or state of mind required for a criminal offense.

Example: In R v Newbury and Jones, the defendants were convicted of manslaughter after throwing a paving stone off a bridge onto a train, killing the driver. They had the mens rea for criminal damage, which was sufficient for unlawful act manslaughter.

Highlight: Unlike gross negligence manslaughter, unlawful act manslaughter does not require a duty of care breach manslaughter. Instead, it focuses on the dangerous and unlawful nature of the act itself.