unlawful act manslaughter
- Created by: natalia ailoaie
- Created on: 13-03-23 14:38
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- UAM
- 1. unlawful act
- stone & dobinson-must be an act not omissions
- the act must be criminal- r v Franklin
- the act must also be complete- r v lamb
- mens rea: needed for the unlawful act
- d does not need to foresee any harm- dpp v Newbury and jones
- transferred malice- meant to do the unlawful act on someone else - Mitchell
- 2. causes death
- but for- pagett
- operative and substantial test- smith
- 3rd party action-pagett
- victims action- Williams
- victim has a weakness- blaue
- drug cases exceptions:
- Kennedy- v injected himself therefore breaks chain
- cato- d injected v therefore doesn't break the chain
- 3. dangerous
- the act is dangerous if a sober and reasonable person would realise that it carries a risk of some harm to another person-church
- srp has to know that the act could cause physical harm
- srp must only foresee physical harm- church
- mental harm is not dangerous- Dawson
- srp doesn't need to foresee the specific harm- r v jm & sm
- doesn't matter if d didn't foresee a risk- farnon and ellis
- the act doesn't have to be aimed at a person as long as srp realises the risk of some physical harm to a person - goodfellow
- the act is dangerous if a sober and reasonable person would realise that it carries a risk of some harm to another person-church
- 1. unlawful act
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