INVOLUNTARY MANSLAUGHTER

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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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