First 343 words of the document:
Rhian Nicole Mason
This is also known as constructive manslaughter and consists of:
An unlawful act
A dangerous act
The act causes death
The act must be a criminal offence
It must be an act not an omission
Ignorance or foolishness would not be enough as no criminal offence is involved
Lamb (1976) playing with loaded revolver, didn't know barrel revolved, shot and killed,
charged with unlawful act but pointing a gun is not unlawful although it was dangerous
Physical assault, burglary, arson, criminal damage
Objective Test: Would a reasonable man see a risk of some harm resulting from the act?
Mitchell (1983) The harm need not be aimed at the victim post office queue
Dawson (1985) herm intended must be actual physical harm, it would not be enough to
just frighten them robbery where attendant had a heart attack, not seen as dangerous
Watson (1989) if the victim is frail and vulnerable the harm is going to be obvious
broke into 87 y/o house and scared her, she later died
The act of causing fear and apprehension in such a situation could result in manslaughter if death
is a consequence. The harm may not be aimed at a person, instead aimed at property but if they
die it will result in manslaughter. Kennedy (2007) Drug dealer gave addict drugs, they
voluntarility took it and died, dealer does not get manslaughter.
Which Causes Death
The unlawful act must be the substantial cause of death:
CorionAuguiste (2004) firework lit in bus station, old lady knocked over in the panic and died.
Sholid (2003) defendant was part of a gang who attacked victim and friend, victim was forced
onto a train track, not by the defendant but was charged with manslaughter.
Carey (2006) Victim threatened by gang and ran away, suffered from a heart attack from running
but defendant was not charged with manslaughter.