CASES FOR UNLAWFUL ACT MANSLAUGHTER Flashcards
What is the legal principle for R v Stone and dobinson?
A failure to act (omission) will be insufficient for UAM. There must be an act
Whats the legal principle for R v Franklin?
Unlawful act must be criminal; a civil (tort) wrong isnt enough
Whats the legal principle for R v Lamb?
D must have all the elements of the unlawful act (AR+MR)
whats the legal principle for DPP v Newbury and Jones?
Its not neccessary to prove that D foresaw any harm from his act; D only needs the MR of the unlawful act
Whats the legal principle for the case Mitchell
Transfered malice
legal principle of cato
The link between d and the death of v is intact as D administers the drug to v
legal principle of kennedy
Breaks the chain as V chose to inject themselves
Whats the legal principle of R v Dear
Self neglect by V doesnt break the chain of causation
State the church test of dangerousness
An act is dangerous if a sober and reasonbale person would realise that it carries a risk of some physical harm to another person
Legal principle of dawson
Emotional harm isnt enough to prove d’s act as dangerous
Legal principle of watson
Must be a risk of physical harm to prove the act as dangerous
legal principle of R v JM and SM
sober and reasonable person doesnt need to forsee the specfiic harm caused just that some physical harm will be caused
Legal principle of Goodfellow
Unlawful act can be aimed at property
legal principle of R v Farnon and Ellis
We only look at what the sober and reasonable person thinks not the defendant
whats the actues reus for criminal damage
damaging property belonging to another without lawful excuse
whats the mens rea for crim damage
intention/recklessness to damamage or destroy property
