Constructive Manslaughter/ Unlawful Act Manslaughter- Unit 3

HideShow resource information
  • Created by: Carissa
  • Created on: 05-06-15 09:30
Constructive Manslaughter Definition - Church
'D is guilty of manslaughter if he kills by an unlawful & dangerous act. The mens rea required is an intention/reckless to do that act. It's irrelevant that D is unaware that it is unlawful/dangerous if a reasonable person would've been aware of it.
1 of 12
3 Ingredients
1. Must do an unlawful act 2. The act must be dangerous on an adjective test 3. The act must cause the victims death
2 of 12
Causation in fact
Cato, Paggett, White
3 of 12
Causation in law
Jordan, Blaue, Roberts, Williams
4 of 12
Lowe
Can not be an omission (D neglected his baby)
5 of 12
Unlawful Act cases
Lamb - revolver, Franklin - Civil offences are not sufficient
6 of 12
Church objective test - dangerousness
The unlawful act must be such that all sober and reasonable people would inevitably recognise that the other person would be at least subject to some harm therefrom, albeit not serious harm.
7 of 12
Larkin
Some harm, not serious harm
8 of 12
Lewis
Reasonably foreseeable that the victim may be hit by a car by chasing them into a road, therefore a dangerous act.
9 of 12
Mitchell
Transferred malice principle - D pushed man who fell into lady, causing her death
10 of 12
Goodfellow
Act can be directed towards property providing that it suffices dangerousness test (arson attack killed his two children)
11 of 12
Watson
Victims characteristics can be taken into account when looking at dangerousness (elderly burglary victim)
12 of 12

Other cards in this set

Card 2

Front

1. Must do an unlawful act 2. The act must be dangerous on an adjective test 3. The act must cause the victims death

Back

3 Ingredients

Card 3

Front

Cato, Paggett, White

Back

Preview of the back of card 3

Card 4

Front

Jordan, Blaue, Roberts, Williams

Back

Preview of the back of card 4

Card 5

Front

Can not be an omission (D neglected his baby)

Back

Preview of the back of card 5
View more cards

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all Criminal law resources »