Unlawful Act Manslaughter
- Created by: t.urey171121
- Created on: 21-03-23 14:05
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- Involuntary Manslaughter - Unlawful Act Manslaughter
- Actus Reus
- Defendant carries out an unlawful act.
- R v Franklin (1883) - unlawful act must be a crime, civil wrong is not enough.
- R v Lowe (1973) - unlawful act cannot be an omission, can only be an act.
- R v Lamb (1963) - all elements must be satisfied.
- R v Kennedy (2007) - not important what crime is committed as long as it is clear and consistent.
- R v Meeking (2012) - the 'basic offence' was an act contrary to the Road Traffic Act 1988 s22 (causing danger to road users)
- Which is a dangerous act.
- It does not need to be a risk of death.
- DPP v Newbury & Jones (1976) - does not matter if the defendant does not personally find the act dangerous.
- Reasonable person must consider whether it is dangerous or not.
- Guilty.
- R v Dawson (1985) - not guilty due to misdirection.
- R v Watson (1989) - dangerous but not guilty.
- R v JF and NE (2015) - guilty.
- AG's Ref (1995) - guilty.
- R v Church (1967) - guilty.
- R v Bristow (2013) - guilty.
- R v JM and SM (2012) - guilty.
- And it causes death.
- Factual Causation.
- 'But for' test.
- R v White.
- Legal Causation.
- Must be more than de minimus (R v Kimsey).
- Must be an operating and substantial cause of death (R v Smith).
- No new intervening act that breaks the chain of causation (R v Williams and Davis).
- Think skull rule applies (R v Blaue).
- Does not apply if the Victim injects themselves.
- R v Dalby (1982).
- R v Kennedy (2007).
- R v Cato (1976).
- Factual Causation.
- Defendant carries out an unlawful act.
- Mens Rea
- The original mens rea is needed.
- R v Lamb (1967) - not guilty due to there being no mens rea.
- No intention or foresight of death is required.
- Only mens rea is required.
- DPP v Newbury & Jones (1976)
- Transferred Malice applies here.
- Unlawful act does not need to be aimed at the victim .
- The mens rea is transferred by the original target to the victim.
- The defendant will still be guilty.
- R v Mitchell (1983).
- The original mens rea is needed.
- Actus Reus
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