Unlawful Act Manslaughter

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  • Created by: Janki
  • Created on: 07-12-14 12:22
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  • Unlawful Act Manslaughter
    • 1) An unlawful act
      • R v. Lowe - an omission is not enough, the defendant must have committed an act
      • Frankin - the unlawful act must be unlawful in criminal, not civil law
      • R v. Lamb there has to be an unlawful act
    • Which must be dangerous
      • Church Test - the unlawful act must be such as all sober and reasonable people would inevitably recognise must subject the other person to at least the risk of some harm
      • R v. Larkin - the risk of some harm is enough
      • R v. Goodfellow - D can be liable even if the act is not directed at V at all
      • Dawson - D is only expected to know what a reasonable person would know
      • Watson - nature of old man made act dangerous: a reasonable person would have seen this
    • 3) Which must cause the death of V
      • The normal rules of causation apply; the defendants must be more than a minimal cause of death
      • The chain of causation must not be broken by an intervening act act, like palpably wrong medical intervention (Jordan)
      • In Dalby, the intervening act of V self-injecting broke the chain of causation
      • If D assists with the injection then they are guilty of unlawful act manslaughter (Rogers)
    • 4) MR for the unlawful act
      • Newbury and Jones - D liable if they have the necessary MR for the unlawful act


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