Unlawful and Dangerous Act Manslaughter

What is the definition of unlawful act manslaughter?
Performing an act that is both unlawful and dangerous that lead to the death of a person
1 of 19
Constructive Manslaughter is another name for unlawful act manslaughter. What is the equation for this?
Unlawful act + dangerousness + death = constructive manslaughter
2 of 19
What is the Actus Reus for unlawful act manslaughter?
An unlawful act that was dangerous and caused the death of a human being within the Queen's peace
3 of 19
What are the 4 essentials to remember for unlawful act manslaughter's actus reus?
(1) Death must be cause by an act (2) The unlawful act must be a crime (3) The act must also be dangerous (4) The act has caused the death
4 of 19
Can unlawful act manslaughter be committed by an omission? Include a case and ratio for your answer
No, after the case of R v Lowe an omission should to be the grounds for manslaughter even if the omission was deliberate; an act is always required
5 of 19
What is the case (and ratio) of unlawful act manslaughter by assault? Hint: Revolver
R v Lamb = there was no unlawful act as no assault had been committed, due to the fact that the victim did not apprehend immediate force or violence (did not believe the revolver to be loaded)
6 of 19
What is the case (and ratio) of unlawful act manslaughter by criminal damage? Hint: stone off bridge
DPP v Newbury and Jones = the D's had committed criminal damage that lead to a death, which meant the HoL could uphold their convictions as there was an unlawful act the lead to a killing
7 of 19
Name 4 more cases of unlawful act manslaughter and their crimes
(1) R v Goodfellow - Arson (2) R v Watson - Burglary (3) R v Dawson - Robbery (4) R v Kennedy - crime under Misuse of Drugs Act 1971
8 of 19
What is the case and ratio for the dangerousness test?
R v Church = such as all sober and reasonable people would inevitably recognise the risk of some harm resulting, albeit not serious harm.
9 of 19
Is the dangerousness test objective or subjective?
It is an objective test, therefore it doesn't matter whether the defendant foresaw the risk as dangerous themselves
10 of 19
What is an example of a case (stating the ratio) where the dangerousness test passed?
R v Watson = all sober and reasonable persons would foresee that it created a risk of some physical harm occurring (at some point the D must have become aware of the V's frailty)
11 of 19
What is an example of a case (stating the ratio) where the dangerousness failed?
R v Dawson = all sober and reasonable persons could not see that the act was lily to result in physical harm therefore there was not a dangerous act
12 of 19
Which case (stating the ratio) changed the dangerousness test?
R v JM & SM = as long as some harm is foreseeable it does not matter what form this takes i.e. shock
13 of 19
What affect could this case have on the law regarding unlawful act manslaughter?
It is likely that after this case, the scope of foreseeability had widened
14 of 19
When does the D become not liable for the death of the V?
If an act breaks the chain of causation in a suitable way then the D is no longer liable
15 of 19
What case (stating the ratio) demonstrates the law regarding drug taking (in unlawful act manslaughter?
R v Kennedy = if the V freely and voluntarily administered the drug, knowing what it was, then the D was NOT the cause of the death
16 of 19
Name the case (stating the ratio) that demonstrates that the act has caused the death?
R v Shohid = the unlawful and dangerous act need not be the sole cause of death, so long as it was not trivial
17 of 19
What is the Mens Rea of unlawful and dangerous act manslaughter?
Simply that of the crime constituting a dangerous and unlawful act
18 of 19
What case (stating the ratio) demonstrates the MR?
R v Lamb = as the victim was not scared and the D did not foresee or intend the battery or assault there was no unlawful or dangerous act and therefore no crime of unlawful act manslaughter
19 of 19

Other cards in this set

Card 2

Front

Constructive Manslaughter is another name for unlawful act manslaughter. What is the equation for this?

Back

Unlawful act + dangerousness + death = constructive manslaughter

Card 3

Front

What is the Actus Reus for unlawful act manslaughter?

Back

Preview of the front of card 3

Card 4

Front

What are the 4 essentials to remember for unlawful act manslaughter's actus reus?

Back

Preview of the front of card 4

Card 5

Front

Can unlawful act manslaughter be committed by an omission? Include a case and ratio for your answer

Back

Preview of the front 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 »