Unlawful Act Manslaughter

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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
2 of 14
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

Preview of the front of card 3

Card 4

Front

What is Element 2 for Unlawful
Act Manslaughter?

Back

Preview of the front of card 4

Card 5

Front

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

Back

Preview of the front of card 5
View more cards

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