Unlawful Act Manslaughter

What is Unlawful Act Manslaughter?

Type of manslaughter in law which alls prosecution to purse those who commit homicide with criminal acts other than GBH Section 18

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How many steps are there in Unlawful Act Manslaughter?

4 - 1) Must be an Unlawful Act 2) Must be objectively dangerous 3) The Substantial cause of death (Basically CAUSATION) 4) Must be an intention to cause the unlawful act.

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Explain first stage of Unlawful Act Manslaughter?

Must be an Unlawful Act - This section you would state the Actus Reus of the act that has been committed, and explain how it has been committed.

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Name the case to support 'Must be an unlawful act'?

R v Lamb - Playing around with guns, thought safety caps was then shot but it wasnt on. The shot killed the other. It couldn't be manslaughter because the act itself was not criminal.

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Explain second stage of Unlawful Act Manslaughter?

Objectively Dangerous - Would a reasonable and sober man must be able to foresee some harm, not serious harm.

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Name a case to support 'Objectively Dangerous'?

R v Dawson - Young people broke into petrol station carrying weapons, frighting the serviceman so much he had heart attack. Wasn't manslaughter, because the reasonable and sober man wouldn't foresee a young man having a heart attack.

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Explain the third stage of Unlawful Act Manslaughter?

The substantial cause of death - Causation, both causation in fact and in law. It can also include all novus actus.

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Name a case to support 'The substantial cause of death'?

R v Carey - Two girls fighting, punched in the face, runaway to home, heart attack and died.

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Explain the fourth stage of Unlawful Act Manslaughter?

Mens Rea of the original act.

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Name a case to support 'Mens Rea an intention to cause the unlawful act'?

R v Newbury and Jones - Two kids throwing stones off a bridge. Which an unlawful act. A stone smashed a window and hit a driver, whom died.

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Unlawful Act Manslaughter

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