Unlawful act dangerous driving exam question help Watch

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Report Thread starter 4 years ago
Looking through past exam questions I found a scenario relating to manslaughter which seemed ambiguous to me. The scenario reads as follows:

'Michael was driving to work when he realised that he had forgotten to bring an important document that he needed. Without thinking, he suddenly tried to swing his car round to go back in the opposite direction. However he lost control of the car, struck a kerb and crushed Nick a passing cyclist.'

The mark scheme (http://filestore.aqa.org.uk/subjects...-WRE-JUN12.PDF) specifies that unlawful act manslaughter was incorrect:

"Since unlawful act manslaughter requires proof, inter alia, of the commission of a crime other than one of negligence, unlawful act manslaughter was clearly not the appropriate form of involuntary manslughter."

However there is a crime: dangerous driving as specified in part 1 (s2) of the Road Traffic Act 1991. This crime is innately dangerous as specified in (s2A) of the act. Obviously the act caused death.

I understand that in reality Michael would be charged with causing death by dangerous drving and also that gross negligence man****hter is applicabble however why is unlawful act excluded as wrong by the mark scheme?
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Report 4 years ago
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