Law Scenarios

Suggestions

There are two forms of involuntary manslaughter:

Manslaughter by an unlawful and dangerous act and gross negligence manslaughter. This scenario involves manslaughter by an unlawful and dangerous act.

Manslaughter by unlawful and dangerous act (otherwise known as constructive manslaughter).

To prove the actus reus of this offence there must be:

• An act
• The act must be unlawful
• The unlawful act must have caused the death
• The unlawful act must also be dangerous.

When looking at whether the unlawful act caused the death, the same rules of causation apply as for murder.

The mens rea of this offence is the same as the original unlawful act, i.e. if it started with an assault then the mens rea is intention or subjective recklessness.

• Objective test - would the sober and reasonable man realise the risk of some harm?
• No need to foresee the risk of the specific type of harm.
• The act need not be aimed at the final victim.
• Must be risk of physical harm, fear is not enough.
• Rules of causation apply.
• An intervening act breaks the chain of causation.
• Defendant must have mens rea for the unlawful act but not necessary to prove that the defendant foresaw any harm from his act.