R v Franklin
- Sets out the 4 principles for unlawful act manslaughter
- D threw a box of Brighton pier and it hit a swimmer who died.
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R v Lamb
- Assault case
- V shot D but both believed the gun would not fire
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R v Jennings
- Case for S.18
- V restrained brother as he wanted attack a third party. D wanted to stab the third party but stabbed his brother instead.
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R v Scarlett
- Case for Battery
- D owns a pub and throws someone out by pushing them, they hit their head after tripping over and die.
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R v Cato
- Case for S.20
- D and V made heroine solutions and injected eachother and V dies.
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R v Dawson
- Tells us you must foresee more than fear.
- D robs a petrol station with a pickaxe and immiation firearm. V has a severe heart condition and dies.
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R v Church
- Can you foresee some risk of harm?
- D and V go to D's van for sexual purposes, V mocks D and D knocks V out. D panics and throws V into river and V drowns.
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R v Watson
- Can you forsee more than fear?
- D enters house of an 87 year old. D verably abuses V who has a heart attack and dies.
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R v Paggett
- Is there factual causation?
- Paggett there is
- D uses his girlfriend as a human shield, she then dies. "But for D's actions would V have died?"
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R v White
- Is there Facutal causation?
- In white there is not
- D poisens mother with intent to kill, but she dies from other causes so D did not cause the death, thus not factual causation.
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- A2 case for factual Causation
- D throws firewor at a bus station. An old lady dies in a panic rush.
- D's act was the direct act of V's death.
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R v Smith
- Is D the main cause of death?
- Clumsy treatment of a soldier who had been stabbed did not break the chain of events.
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- Intervening act- Medical Treatment
- V was stabbed and had nearly recovered. Later given a drug which he was allergic to and consequently killed him.
- Pabably wrong medical treatment is an intervening act.
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- Victims own acts
- V was injured when jumping from a car.
- Intervening act - act was reasonable.
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- Think skull rule
- V was stabbed and refused a blood transfusion due to being a jehova's witness- V later died
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- Gang attack- All members of a gang will be found guilty even if they did not all participate in the act leading to death
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- Is D the significant and substantial cause of death?
- V dies from a heart attack after running away from a fight- original punch was not the main cause of death.
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Newburry and Jones
- Mens Rea for the inital unlawful act
- D's killed a train guard by pushing down a pavement stone off a bridge. D realised what they were doing and intended to do it.
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- Mens Rea for Initial unlawful act
- D punched wife who fractured her skull and died as a result of being dragged by D. Original punch was intentional.
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