Unlawful act manslaughter cases

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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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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. 
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