(Involuntary Manslaughter and the Conviction of Unlawful Act Manslaughter)

(Involuntary Manslaughter and the Conviction of Unlawful Act Manslaughter)

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(Involuntary Manslaughter and the Conviction of Unlawful Act Manslaughter)

Involuntary manslaughter involves the defendant (D) causing death but not while in possession of the men’s rea for murder (intention to cause GBH or to kill the victim.) Types of involuntary manslaughter include unlawful act, gross negligence and subjective reckless manslaughter. The elements required for unlawful act manslaughter are D must do an unlawful act, the act must be dangerous on an objective test, the act must cause the death and D must have the required men’s rea for the act.

In Franklin, it was decided that a civil wrong is not enough to create liability for unlawful act manslaughter. In Lamb