Involuntary Manslaughter - Unlawful Act Flashcards
What are the three sections of the actus reus of unlawful act manslaughter?
1) . Unlawful
2) . Dangerous
3) . Act
What did R v. Franklin establish?
The act must be a criminal offence not a civil wrongdoing.
What was the unlawful act in R v. Cato?
Injecting a noxious substance, contrary to s.23 of the Offences Against the Person Act 1861.
Give some example of unlawful acts.
- Arson (R v. Goodfellow)
- Battery (R v. Mitchell)
- Criminal damage (R v. Newbury and Jones)
What broke the chain of causation in R v. Kennedy?
The victim’s self injection (victim’s own acts).
Where does the test for dangerous originate? What is this test?
R v. Church. Would an ordinary sober man have foreseen death?
Will age be taken into account in the Church test?
No. E.g. R v. Newbury and Jones - compared to standard of ORM not OR 15 year old.
What differentiates unlawful act manslaughter from GNM?
It cannot be committed by omission.
Give a case to demonstrate omissions not being allowed under unlawful act manslaughter.
R v. Lowe - a deliberate omission constituted murder.
What is the mens rea of unlawful act manslaughter?
The mens rea of the original act.
What happened in R v. Lamb?
There was no mens rea as neither party was aware the gun was loaded. It was an accident.
Give a case that demonstrates transferred malice in unlawful act manslaughter?
R v. Mitchell - MR of battery was transferred in a domino effect to the actual victim.
Give a case that demonstrates transferred malice in unlawful act manslaughter?
R v. Mitchell - MR of battery was transferred in a domino effect to the actual victim.
