Unlawful Act Manslaughter

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  • Unlawful Act Manslaughter (AG Reference (No3 of 1994) (1997))
    • Unlawful act must be dangerous
      • Dawson - the jury must imagine they had the same knowledge as D had at the time when deciding whether the act is dangerous
    • Establish an unlawful act
      • Franklin - must be a criminal act, civil not sufficient
      • Lowe - omissions are not sufficient
    • D had the necessary mens rea for the unlawful act
      • Newbury and Jones - D does not have to intend or foresee death
    • The unlawful, dangerous act must have caused the death
      • Corrion-Auguiste - replaces Smith for legal causation
      • Kennedy; Cato - replaces Roberts; Williams for victims own actions

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