Criminal - Fatals - Involuntary Manslaughter Flashcards
What is the actus reus of unlawful act manslaughter?
1 - causes death
2- unlawful act
3- dangerous act
Define unlawful act (AR Unlawful act manslaughter)
Must commit a criminal offence and not a civil wrong
S.18 cannot rely on this
(lamb)
Define dangerous act (AR unlawful act manslaughter)
(Church)
Whether an act is dangerous or not is decided objectively, a sober and reasonable man would regard as dangerous
Define causes death (AR unlawful act manslaughter)
Factual and legal cause of death ]
(R v Kennedy)
Where does the law currently stand on drug deaths? (AR unlawful act manslaughter)
D can only be guilty if they injected the drug themselves.
What is the mens rea of unlawful act manslaughter?
The MR of the unlawful act itself.
(Newbury and Jones)