Unlawful act manslaughter
- Created by: azdw
- Created on: 06-01-16 22:32
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- Unlawful act manslaughter
- D commits lesser offence and in the process someone dies
- must have acts refs and mens rea for relevant crime - base offence
- R v Kennedy - drugs given but freely and voluntarily self administered - no manslaughter as it was Vs act that caused him to die
- The unlawful act must be DANGEROUS
- Dangerous test - R v Church
- objective test - reasonable and sober man
- some harm albeit not serious harm
- objective test - reasonable and sober man
- Dangerous test - R v Church
- R v Dawson - sober and reas man - as if the jury were there themselves - unloaded replica gun in garage case
- R v Goodfellow - not necessary for act to be directed at the victim, contrary to R v Dalby
- MENS REA - depends on the base offence
- R v Lamb - pointed revolver at friend for joke - friend died
- DPP v Newbury - D guilty if proven the base offence was unlawful and dangerous. not necessary to prove that D knew the act was unlawful and dangerous- as such this is an objective test.
- D commits lesser offence and in the process someone dies
- R v JM and SM - no need for D to foresee any harm and no need for real man to foresee what specific type of harm
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