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Fatal Offences Against the Person

Unlawful Act and Gross Negligence Manslaughter

  • 1 thing to know
  • Paper 1

Overview

Recall questions on the elements of unlawful act manslaughter, what makes an act unlawful and dangerous, the duty, breach, causation and gross negligence required for gross negligence manslaughter, and how both differ from murder.

What you need to know

Answer each one before you reveal it.

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Key term

Can an omission form the basis of unlawful act manslaughter?

Questions from this subtopic

Each one with the model answer underneath.

  1. 1

    What type of manslaughter is unlawful act manslaughter?

    Model answer

    A form of involuntary manslaughter at common law.

  2. 2

    State the three elements required for unlawful act manslaughter.

    Model answer

    (1) An unlawful act, (2) that is dangerous, (3) which causes death.

  3. 3

    What kind of act qualifies as 'unlawful' for unlawful act manslaughter?

    Model answer

    A criminal offence; a mere civil wrong or omission is insufficient.

  4. 4

    Can an omission form the basis of unlawful act manslaughter?

    Model answer

    No, the unlawful act must be a positive act, not an omission.

  5. 5

    How is a 'dangerous act' defined for unlawful act manslaughter?

    Model answer

    An act that a sober and reasonable person would recognise as carrying a risk of some physical harm.

  6. 6

    What mens rea is required for unlawful act manslaughter?

    Model answer

    The mens rea required for the unlawful act itself; there is no need for intention or foresight of death or serious harm.

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