Unlawful Act Manslaughter

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What is Unlawful Act Manslaughter (UA Mans) definition
When defendant (D) cases victim (V) death whilst carrying out a criminal act that is deemed dangerous
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4 things that are needed to be proven...
1) Unlawful 2) Dangerous 3) It caused death 4) D had mens rea for UA
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6 things the criminal act could be:
1 Assault 2 Battery 3 S47 4 S20 5S23 6 Criminal Damage
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Three cases where there was no UA...
1) Lamb 1967 2) Franklin 1883 3) Lowe 1973
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The act must be dangerous - assess objectively using the Church test which states:
'Would a reasonable person realise the risk that the act could cause harm all be it not serious
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Church test was confirmed in what other case?
Ball 1989
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The unlawful act must have caused the death.
Factual and Legal
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Factual Causation states...
'but for the D actions would the V have died?'
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Legal Causation states...
Is the defendants act the operative and substantial cause of the victims death?'
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Things that can break the chain of causation...
Escape attempts, Medical intervention, Life support turned off, egg shell skull rule, Arson, Brugulary - death by shock
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What are the two UA surrounding drugs cases...
1) Supply of drugs - V administered himself (causation break) 2) S23 administration of a noxious substance - drug dealer doesnt inject = breaks causation chain
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Cases that support causation breaks are...
Kennedy, Dias
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The case that there was no break in the chain of causation is...
Cato 1976
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The mens rea of UA mans is:
Whatever the UA is the mens rea is that of the UA
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Mens Rea of Assault
'Intention or recklessness as to causing the victim to apprehend fear of immediate, physical violence
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Mens Rea of Battery
Intention or Recklessness as to the application of force to victim
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Mens Rea of S20
Intent or reckless as to cause some harm
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Mens Rea of S47
Intent or reckless as to causing ABH within either the mens rea of Assault or Battery
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Mens Rea of S23
Maliciously - intent or reckless as to endanger life or cause GBH
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Mens Rea of criminal damage
Intent or reckless as to the damage / destruction of property
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Other cards in this set

Card 2

Front

4 things that are needed to be proven...

Back

1) Unlawful 2) Dangerous 3) It caused death 4) D had mens rea for UA

Card 3

Front

6 things the criminal act could be:

Back

Preview of the front of card 3

Card 4

Front

Three cases where there was no UA...

Back

Preview of the front of card 4

Card 5

Front

The act must be dangerous - assess objectively using the Church test which states:

Back

Preview of the front of card 5
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