unlawful act manslaughter

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  • UAM
    • 1. unlawful act
      • stone & dobinson-must be an act not omissions
      • the act must be criminal- r v Franklin
      • the act must also be complete- r v lamb
      • mens rea: needed for the unlawful act
        • d does not need to foresee any harm- dpp v Newbury and jones
        • transferred malice- meant to do the unlawful act on someone else - Mitchell
    • 2. causes death
      • but for- pagett
      • operative and substantial test- smith
      • 3rd party action-pagett
      • victims action- Williams
      • victim has a weakness- blaue
      • drug cases exceptions:
        • Kennedy- v injected himself therefore breaks chain
        • cato- d injected v therefore doesn't break the chain
    • 3. dangerous
      • the act is dangerous if a sober and reasonable person would realise that it carries a risk of some harm to another person-church
        • srp has to know that the act could cause physical harm
        • srp must only foresee physical harm- church
      • mental harm is not dangerous- Dawson
      • srp doesn't need to foresee the specific harm- r v jm & sm
      • doesn't matter if d didn't foresee a risk- farnon and ellis
      • the act doesn't have to be aimed at a person as long as srp realises the risk of some physical harm to a person - goodfellow


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