Unlawful act manslaughter

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  • 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
    • 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.
  • 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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