Unlawful Act Manslaughter
- 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
- 1) An unlawful act
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