Criminal - Fatals - Involuntary Manslaughter Flashcards

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1
Q

What is the actus reus of unlawful act manslaughter?

A

1 - causes death
2- unlawful act
3- dangerous act

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2
Q

Define unlawful act (AR Unlawful act manslaughter)

A

Must commit a criminal offence and not a civil wrong
S.18 cannot rely on this
(lamb)

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3
Q

Define dangerous act (AR unlawful act manslaughter)

A

(Church)
Whether an act is dangerous or not is decided objectively, a sober and reasonable man would regard as dangerous

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4
Q

Define causes death (AR unlawful act manslaughter)

A

Factual and legal cause of death ]
(R v Kennedy)

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5
Q

Where does the law currently stand on drug deaths? (AR unlawful act manslaughter)

A

D can only be guilty if they injected the drug themselves.

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6
Q

What is the mens rea of unlawful act manslaughter?

A

The MR of the unlawful act itself.
(Newbury and Jones)

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