LEGAL PRINCIPLE: CRIMINAL LAW – Manslaughter – Unlawful and Dangerous Act
PRINCIPLE STATEMENT
Where the act which a person is engaged in performing is unlawful, then if at the same time it is a dangerous act (an act likely to injure another person), and quite inadvertently the doer of the act causes the death of that other person by that act, then they are guilty of manslaughter.
RATIO DECIDENDI (SOURCE)
"Where the act which a person is engaged in performing is unlawful, then if at the same time it is a dangerous act, that is, an act which is likely to injure another person, and quite inadvertently the doer of the act causes the death of that other person by that act, then he is guilty of manslaughter..."
EXPLANATION / SCOPE
Unlawful and dangerous act manslaughter requires: (1) An unlawful act—criminal or tortious conduct; (2) A dangerous act—objectively likely to injure someone; (3) Death caused by the act; (4) The death was inadvertent—not intended or foreseen. This liability arises even without intention to cause death or harm to the victim because: the accused chose to perform an unlawful dangerous act, such acts carry inherent risk, and death resulted from that risk materializing. “Dangerous” is assessed objectively—would a reasonable person recognize the act as likely to injure someone? “Inadvertently” means without intention or foresight of the fatal result. Examples: throwing objects in a crowded place causing death; dangerous driving causing death; assault inadvertently causing death. This doctrine makes accused liable for death resulting from deliberate unlawful dangerous conduct even when death wasn’t intended. It reflects that those who engage in dangerous criminal conduct bear responsibility for resulting deaths.