Involuntary Manslaughter: Unlawful Act Flashcards

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1
Q

What are the requirements for UAM?

A
  • D commits an unlawful act
  • Act is objectively dangerous
  • Act causes death
  • D has mens rea for unlawful act
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2
Q

What was held in R v Franklin?

A

A tort is not enough for UAM

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3
Q

What was held in R v Lamb?

A

There must be a criminal offence

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4
Q

What was held in R v Lowe?

A

Omission is not enough for UAM

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5
Q

What was held in R v Church?

A

An act is objectively dangerous if a sober and reasonable person would foresee the other person be subject to at least some harm

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6
Q

What was held in R v Larkin?

A

Humphries J said that a dangerous act is “an act that is dangerous, at the same time unlawful, likely to injure but instead causes death”

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7
Q

What was held in R v Mitchell?

A

The person who is threatened or attacked does not need to be the person who died

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8
Q

What was held in R v J M and S M?

A

A reasonable person only has to foresee some harm

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9
Q

What was held in R v Goodfellow?

A

The act does have to be aimed at a person it is sufficient if aimed at property

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10
Q

What is held in R v Dawson?

A

Harm can only be considered foreseeable if V’s special condition was known or should have been known to D

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11
Q

What was held in R v Watson?

A

Burglary can be dangerous as it became dangerous when the man’s condition became known to D

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12
Q

What was held in R v Bristow, Dunn and Delay?

A

Burglary became dangerous when a reasonable man would foresee harm

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13
Q

What was held in R v Williams and Davis?

A

If there is an intervening act, D cannot be guilty

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14
Q

What was held in R v Kennedy?

A

V freely administered the heroin and injected himself so D could not be guilty

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15
Q

What was held in R v Newbury and Jones?

A

The test is not whether D foresees harm, it is whether a reasonable person would

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