FO: Unlawful Act Manslaughter Flashcards
1
Q
Voluntary Manslaughter?
A
- D commits murder but relies on a partial defence (diminished responsibility or loss of control)
2
Q
Involuntary Manslaughter?
A
- D has caused the death but there is no MR for murder
- ACT = UDAM
- OMMISION = GNM
3
Q
Actus Reus?
A
- An unlawful act which is dangerous which causes death
- omission will not suffice
- Unlawful act must be fully proved
4
Q
Unlawful Act: R v Lamb 1967?
A
- Two boys were playing with gun and didn’t think it would fire. D pointed the gun at his friend and the gun fired , killing his friend.
- D charged with Unlawful Act Manslaughter
5
Q
Test for dangerousness?
A
- R v Church 1966
- Unlawful act must be considered dangerous
- objective test - ordinary reasonable person would see a risk of some harm
6
Q
R v Church?
A
- D took V to a van for sexual purposes. V mocked D and slapped him. D knocked V unconscious. Unable to revive her, he panicked and threw her into a river. V drowned.
7
Q
Main points?
A
- Was the risk of harm obvious (victim to be considered)
- Assault can be considered dangerous but needs explanation where the act itself may cause the harm
- The v must have died from some harm which an ordinary person would foresee from the physical act
8
Q
Manslaughter by supplying drugs?
A
- R v Kennedy 2007 ( current position)
9
Q
R v Kennedy 2007 ?
A
- V asked D to supply him with heroin
- D filled a syringe and gave it to V, who injected himself
- V died by inhalation of gastric contents while acutely intoxicated by opiates and alcohol
- HoL acquitted as fully informed adult injected himself
10
Q
Mens rea?
A
- Its the mens rea for the unlawful act which is either intent or subjective recklessness
- therefore no need to prove mens rea as regards the death or some harm, only the unlawful act
- Transferred malice rule applies - R v Mitchell 1985
11
Q
R v Mitchell 1985?
A
- D tried to jump the queue in a busy post office, another man S objected and D hit S, causing him to fall against several other people including an elderly woman (V)
- ## V suffered a broken femur and died in hospital a few days later
