Unlawful Act Manslaughter

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What is needed for UAM
An Unlawful Act, Dangerous, Causes Death
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What about MR
The MR is required for the unlawful act committed, for example if an assault is committed then the MR for assault is required.
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What is an unlawful act?
Can be several things e.g assault/burglary. But it must be more than a 'civil' wrong - as established by the case of Franklin
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Can burglary be dangerous?
Yes, when the victim is more vulnerable and the reasonable man would see the risk of more serious injury. Also the case of Birstow, Dunn & Delay showed that a way in which burglary is carried out can make it a 'dangerous' offence.
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What is does 'dangerous' mean?
The Church test established that a situation would be dangerous if a 'sober and reasonable person would see the risk of some harm, albeit not serious'
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Can an act be an omission?
No, this was established in the case of Lowe - the V did not fear an assault. Khan & Khan upheld this decision.
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Did the act cause death?
The act must cause death, the normal rules of causation apply here.
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Can drug use be an intervening act?
The case of Kennedy ruled that it is not an intervening act if there is self injection.
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Other cards in this set

Card 2

Front

What about MR

Back

The MR is required for the unlawful act committed, for example if an assault is committed then the MR for assault is required.

Card 3

Front

What is an unlawful act?

Back

Preview of the front of card 3

Card 4

Front

Can burglary be dangerous?

Back

Preview of the front of card 4

Card 5

Front

What is does 'dangerous' mean?

Back

Preview of the front of card 5
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