Unlawful Act Manslaughter

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Created by: oliviamaex0
Created on: 30-11-21 13:24

What is the basis of Unlawful Act Manslaughter?

- Intended the act but not the death
- There must be an unlawful act which results in death

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What is Element 1 for Unlawful Act
Manslaughter?

Unlawful Act

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What are the 3 things needed for
an Unlawful Act?

- There must be an Unlawful Act (Lamb)
- The act must be a criminal wrong, a civil offence will not suffice (Franklin)
- There must be an unlawful, positive international act. An omission will not suffice (Lowe)

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What is Element 2 for Unlawful
Act Manslaughter?

Dangerous Act, danger is assessed objectively

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What are the 2 cases for irrelevance in whether
or not D realised the act was dangerous?

- Church
- R v JM & SM

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What is the case to show the dangerous act may not be aimed at the victim?

Latimer

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What is the case to show the dangerous act may not be aimed at a person e.g. building

Goodfellow

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What is the case to show the risk of physical
harm must be obvious to a reasonable man

Dawson

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What is the case to show the frailness of the
V was obvious to the reasonable man & there
was a risk of physical harm

- Watson

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What is the case to show that psychiatric harm is enough to amount to 'dangerous' as long as it results in a 'recognised medical condition'

R v Bristow, Dunn & Delay

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What is Element 3 for Unlawful Act
Manslaughter?

Causing the Death

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What is the case to show that D's
dangerous & unlawful act was the cause
of the death to the victim?

R v Lewis

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What is Element 4 for Unlawful Act
Manslaughter?

Mens Rea, the D must have the MR necessary for the unlawful act & not the death

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What is the case to show that D can be convicted of manslaughter, even if he never intended or was even reckless as to a killing?

Newbury & Jones

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Other cards in this set

Card 2

Front

What is Element 1 for Unlawful Act
Manslaughter?

Back

Unlawful Act

Card 3

Front

What are the 3 things needed for
an Unlawful Act?

Back

Card 4

Front

What is Element 2 for Unlawful
Act Manslaughter?

Back

Card 5

Front

What are the 2 cases for irrelevance in whether
or not D realised the act was dangerous?

Back

View more cards

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Unlawful Act Manslaughter