Constructive Manslaughter Flashcards
D accidentally shot his friend. He knowingly pointed a loaded gun at his friend and pulled the trigger. However both people didn’t think it would fire. D tried for CM based on assault, however D did not fear and assault therefore there wasn’t one, neither was there a crime.
R v Lamb 1967
D must have committed an unlawful CRIMINAL act that resulted in death.
R v Franklin 1883
Assault, an unlawful criminal act for CM
R v Larkin 1943
An act which was the result of an omission, even if it was deliberate will not suffice for CM
R v Lowe 1973
The UPCA does not need to be aimed at the victim, nor even at a person.
R v Mitchell 1983
The UPCA can be aimed at a property.
R v Goodfellow 1986
DRUGS CASE
D and V prepared injections of drugs. They injected each other. V died and D was convicted.
R v Cato
DRUGS CASE
D supplies V with drugs but does NOT help V inject it. Injection was the cause of death not supplying the drugs.
R v Dalby
DRUGS CASE
D prepared syringe of heroin and hands it to V who self injects.
R v Dias
DRUGS CASE
D applied a tourniquet to V’s arm whilst V self injected. C of A argued that D had played an active part in a joint enterprise.
R v Rogers 2003
DRUGS CASE
D prepared an injection of drugs for V. D handed the syringe to V who injected before handing the syringe back to D. H of L decided D had not caused death.
R v Kennedy 2007
The test as to whether an act is dangerous is objective
R v Church 1966
Psychological harm such as frightening or shocking are insufficient. D must cause V some physical harm
Dawson and Others 1985
D actions were dangerous due to V’s obvious frailty
R v Watson 1989
D struck V once on the cheek with a moderate force. V collapsed to the ground and died
R v Furby 2006
