... an unlawful act; the unlawful act was dangerous and the unlawful act caused the death. (b) Reckless / gross negligence manslaughter - where the existence of duty owed by the accused to the deceased, breach of that duty causing death and gross negligence. Joe, a youth of 17 placed a lump of concrete on the rail track because he was threatened to do so by bullies at his school. As a result the train collided with the concrete lump and a passenger was killed. Joe would be liable for constructive manslaughter in Criminal Law because he was guilty of committing an unlawful act i.e. placing the lump of concrete on the rail track, the unlawful act was dangerous i.e. any person could see that the concrete lump was going to create some form of danger and the unlawful act caused the death. The case of R v Jennings [1990]2 is an example of ...

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