involuntary manslaughter Flashcards

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1
Q

what is the actus reus of unlawful act manslaughter?

A
  • d must commit an unlawful act
  • the act must cause v’s death
  • the act must be dangerous
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2
Q

what is element 1 of unlawful act manslaughter ?

A
  • d must commit an unlawful act
  • an omission is not enough
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3
Q

what does r v stone and dobinson say?

A

a failure will be insufficient for unlawful act manslaughter - there must be an act

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4
Q

what does R v Franklin say?

A

unlawful act must be a criminal act - a civil wrong is not enough

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5
Q

what does r v lamb say?

A

the unlawful act must be complete (all elements passed)

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6
Q

what is also part of element 1 of unlawful act manslaughter?

A

d must have the mens rea for the unlawful act

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7
Q

what is the mens rea for unlawful act manslaughter?

A

d must have mens rea for the unlawful act

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8
Q

what does dpp v newbury and jones say?

A

it isn’t necessary to prove that d foresaw the harm from his act; d only needs to have the mens rea of the unlawful act

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9
Q

what does r v mitchell say?

A

malice can be transferred from one victim to another

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10
Q

what is element 3 of unlawful act manslaughter?

A

-unlawful act must cause the death
-it must be proved that d’s unlawful act caused v’s death

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11
Q

what are the cases for factual causation?

A

-r v pagett
-r v white

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12
Q

what are the cases for legal causation?

A

-r v jordan
-r v smith

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13
Q

what is the thin skull rule and what is the case for it?

A

-any hidden characteristic that d has that makes the more vulnerable - d should take v as they find them
- r v blaue

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14
Q

what does r v dear say?

A

self neglect by the victim does not break the chain of causation

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15
Q

what does r v cato say? how does it differ from r v kennedy?

A

-cato: d injects v with the drug
-kennedy: d breaks the link between them and d by injecting the drug themselves

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16
Q

what is element 3 of unlawful act manslaughter?

A

-the unlawful act must be dangerous
-the meaning of dangerous in UAM is different to normal meaning

17
Q

what is the Church test? what does it say?

A

an act is dangerous if a sober and reasonable person would realise that it carries a risk of some physical harm to another person

18
Q

who is classed as a reasonable person?

A

a bystander

19
Q

what does r v dawson and r v watson say?

A

emotional harm is not enough, the harm must be physical and foreseeable

20
Q

what does R v JM and SM say?

A

there is no need for the sober and reasonable person to foresee the specific harm from which v died, only that d would suffer physical harm in some form

21
Q

what does R v Goodfellow say?

A

unlawful act manslaughter can be aimed at property as long as the sober and reasonable person would realise it carried the risk of some physical harm to a person

22
Q

what does R v Farnon and Ellis say?

A

d will always be compared to the sober and reasonable person, even if d is not sober nor reasonable

23
Q
A