Unlawful act manslaughter cases 0.0 / 5 ? LawCriminal lawA2/A-levelAQA Created by: Emilyharvey99Created on: 25-07-16 18:55 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. 1 of 19 R v Lamb Assault case V shot D but both believed the gun would not fire 2 of 19 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. 3 of 19 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. 4 of 19 R v Cato Case for S.20 D and V made heroine solutions and injected eachother and V dies. 5 of 19 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. 6 of 19 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. 7 of 19 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. 8 of 19 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?" 9 of 19 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. 10 of 19 Corion-Auguiste 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. 11 of 19 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. 12 of 19 Jordan 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. 13 of 19 Roberts Victims own acts V was injured when jumping from a car. Intervening act - act was reasonable. 14 of 19 Blaue Think skull rule V was stabbed and refused a blood transfusion due to being a jehova's witness- V later died 15 of 19 Shohid Gang attack- All members of a gang will be found guilty even if they did not all participate in the act leading to death 16 of 19 Carey 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. 17 of 19 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. 18 of 19 Le Brun 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. 19 of 19
Comments
No comments have yet been made