Law Unit 3 exam Flashcards
Definition of unlawful act manslaughter
D does a less serious offence but in doing so it causes the death of another person
What is the test for factual causation and what is the case study
“but for” test - But for the defendant’s behaviour/act the outcome would not have occurred at the time or manner it did
R v Pagett
What are the 3 issues that need to be considered with the legal causation
Significant contribution
Thin skull rule
Intervening acts
What is significant contribution and what case
D’s act must have made a significant contribution to the outcome, more than the minimal cause
R v Smith
Thin skull rule and case
D is still liable even if the victim had any factors that made the injuries more severe for them then a normal person
R v Blaue
3 Intervening acts and cases
3rd party - Must introduce a new and independent element in order to break the chain of causation (R v Jordan)
Victim’s own act - if D causes victim to act in a foreseeable way, subsequent injury held to be caused by D - R v Roberts
Natural or unpredictable event - Extreme weather or unpredictable events like tree falling
What is stated in the Mohan case
Intentions is the decision by D to bring about a prohibited consequence
What is the Cunningham Test
1) D realised there was a risk
2) D decided to take the risk anyway
“Any act” meaning and the case
The act could be a gesture or action and words can be verbal or written
Constanza
“Makes the victim apprehend violence” meaning
“Apprehend” means “to await with fear or anxiety”
“Immediate violence” meaning and case
If the victim apprehended the “possibility of an immediate attack
Ireland
Unlawful violence
Threating violence is unlawful unless there is a lawful reason for it
e.g war, police arresting a suspect
What is the actus reus for assault?
Any act that makes the victim apprehend immediate and unlawful violence
What does the G in GOWISELY stand for
Grounds for the search
What does the O stand for in GOWISELY
Object the officer is searching for
