12. Unlawful Act Manslaughter

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  • Created by: k59533
  • Created on: 10-01-23 10:42
Introduction to UAM
D doesn't have malice aforethought so may be guilty of involuntary manslaughter.
1 of 11
Elements
1. Unlawful criminal act
2. Dangerous
3. Cause death
4. Mens rea for unlawful act
2 of 11
Lamb
There must be an unlawful criminal act.
3 of 11
Lowe
An omission is not enough.
4 of 11
Franklin
It cannot be a civil wrong.
5 of 11
Goodfellow
Doesn't have to be aimed at the victim.
6 of 11
Church
All sober and reasonable people would inevitably recognise must subject the other person to the risk of some physical harm, albeit not serious harm.
7 of 11
DPP v Newbury and Jones
Dangerousness test not subjective.
8 of 11
Dawson
Watson
Dangerousness takes into account D's apparent age and health.
9 of 11
The unlawful act must cause death.
But for (White)
Sig. cont. (Pagett)
Medical (Jordan) palpably wrong
V's own acts (Roberts) if foreseeable
Thin skull (Blaue)
10 of 11
D must have the mens rea for the original unlawful act.
Main aim (Mohan)
Realised risk but took it (Cunningham)
Transferred malice (Latimer)
11 of 11

Other cards in this set

Card 2

Front

1. Unlawful criminal act
2. Dangerous
3. Cause death
4. Mens rea for unlawful act

Back

Elements

Card 3

Front

There must be an unlawful criminal act.

Back

Preview of the back of card 3

Card 4

Front

An omission is not enough.

Back

Preview of the back of card 4

Card 5

Front

It cannot be a civil wrong.

Back

Preview of the back of card 5
View more cards

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