INVOLUNTARY MANSLAUGHTER
- Created by: Monika Kaminskaite
- Created on: 07-06-18 13:39
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UNLAWFUL ACT MANSLAUGHTER: common law
Elements of a UAM:
- must commit an unlawful act
- the act must cause V's death
- the act must be dangerous
- (mens rea) must have the MR for unlawful act
1) ACT MUST BE UNLAWFUL: R V Stone and Dobinson; ' a failure to act / omission will be insufficent for UAM, MUST BE AN ACT, R V Franklin; UA must be criminal, not a civil wrong, R V Lamb; must be a complete act
2) MUST CAUSE DEATH: factual - 'but for' paggett or white, legal - 'O+S' smith or jordan, Interveining acts; 1) act of god - Blaue, 2) V's own actions - roberts or williams, 3) act of a third party…
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