Unlawful Act Manslaughter

Created by: susantatex1
Created on: 06-04-16 16:41

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

Card 4

Front

Can burglary be dangerous?

Back

Card 5

Front

What is does 'dangerous' mean?

Back

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Unlawful Act Manslaughter