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Unlawful Act Manslaughter


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R v Church
The criminal act must have been dangerous in that any sober and reasonable person would inevitably recognise that it would subject the other person to at least some harm.
R v Mitchell
The harm referred to in the Church test need not have been aimed at the victim.
R v Watson, unlike in R v Dawson
Manslaughter - The foreseeable harm must be physical.
R v Goodfellow
Manslaughter - The harm may be aimed at property.
R v Kennedy
The unlawful act must be the substantial cause of death, more than trivial but not necessarily the sole cause.
DPP v Newbury and Jones
There is no requirement that the D foresees the harm, only that it is foreseeable to a man of ordinary intelligence.
R v Lamb
The mens rea for unlawful act manslaughter is that of the original act.
R v Franklin
The act must be criminal, not a tort or breach of contract.
R v Lowe
The death must be cause by a positive act, not an omission.
R v Ball
The test is wholly objective, based on what a reasonable person would believe the facts to be, not what the D saw the facts to be.