- Created by: rachel
- Created on: 11-06-14 17:04
Unlawful Act Manslaughter
- D must commit an unlawful act= ACTUS REUS
- " must be dangerous= ACTUS REUS
- "must cause v's death = ACTUS REUS
- D must have MR for Unlawful Act= MENS REA.
Newbury and Jones- didn't realise the act was unlawful/dangerous, which was irrelevant. Could be convicted providing the U.A was dangerous and D had necessary MR.
Mitchell- Transferred malice,
Stone and Dobinson- omission is insufficient for U.A.M
Franklin- a civil wrong was not enough to create liability for U.A.M
Lamb- Mens rea and actus reus was missing.
Unlawful Act Manslaughter 2
Act must be dangerous
Church- An act is dangerous if a sober and reasonable person will realise that it carries a risk of some physical harm to another.
Goodfellow- can be directed at property.
Dawson- Act not dangerous, harm realised by reasonable person must by physical, not emotional.
Watson- When deciding whether the act was dangerous, must take the view of a reasonable bystander with the knowledge of D.
U.A must cause death (prove causation)
Cato- D injected V with drugs- didn't break chain of causation.
Kennedy- V injected himself with drugs, D just prepared it- broke chain of causation.