1B - Involuntary Manslaughter - Unlawful Act Manslaughter - Case List Flashcards
R v Lamb
There was no unlawful act as pointing the gun wasn’t assault as they didn’t fear violence
Franklin
A civil wrong isn’t enough for liability
Lowe
CoA held that neglect is a failure to act and could not be UAM
Church
The sober and reasonable person would foresee the D’s act would subject some harm to another
JM and SM
Type of harm is completely different from that which was foreseeable but CoA held that a sober and reasonable person only needed to foresee some harm and not a specific type
Larkin
The act of threatening someone was assault and dangerous
D threatened a man with a razor blade to scare him, girlfriend intervened but was drunk, fell on the blade, and died
Mitchell
D punched a man in a post office queue who fell back into an old lady who died from her injuries
Goodfellow
D decided to set fire to his council flat so he could be rehoused, but his wife, son, and another died in the fire. CoA convicted him of UAM
Dawson
‘emotional disturbance’ on its own isn’t enough to amount to harm
Bristow, Dunn and Delay
CoA held that a sober and reasonable person would have been the risk of some harm from burglary
Shohid
CoA held that the original attack was sufficiently serious as to be a cause of the subsequent death, and it was not necessary that it should be the only cause
Carey
The victim was not escaping, she was running home, not as a result of the threats. The threats, therefore, did not cause the victim’s death
Roberts
The V jumped from the car so as to escape from Roberts sexual advances so therefore did cause her injuried
Drug use cases - R v Cato
Held that there had been an unlawful act of administering a noxious thing (heroin and water) and that that act had caused death. This act broke the chain of causation
Drug use cases - R v Dalby
The supply of drugs was not the cause of death. It was the V’s act of injecting himself which was the direct cause of death. This act broke the chain of causation
