Unlawful Act Manslaughter

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  • 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.

MR

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,

AR

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.

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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.

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