UAM

Question 1

For unlawful act manslaughter what are the 4 elements?

Answer 1

D must have committed an unlawful act and have the mens rea for that act and the act must caused the death and it must be dangerous

Question 2

1 first the act must be unlawful. What 3 cases do you apply here ?

Answer 2

D must commute an act cannot be an omission - stone and Dobinson
Has to be a criminal not a civil act - Franklin
either assault or battery
Has to be completed (both actus reus and mens rea) - Lamb

Question 3

1 Mens rea =
what cases show D did does not need mens rea for the death nor to realised the act is dangerous and likely to cause harm so long as has the mens rea for the unlawful act itself
and case for malice can be transferred form one victim to another.

Answer 3

Newbury and jones

Mitchell (remember as Mitchell for Malice)

Question 4

2 Next assult or battery must be the legal and factual cause of V’s death.
be the same case except what case self neglect by V does not break the chain

Answer 4

R v Dear

Question 5

2 what case can you use for if explaining injecting drugs

Answer 5

Kennedy where d just supplied and v injected himself so v breaks the link as he injected it himself

Question 6

3 Finally it must be shown that the unlawful act is dangerous . What 3 cases will you always use for this

Answer 6

The church test says that an act will be considered dangerous if it is such that a sober and reasonable person would realise the risk that it could cause harm to another.
Watson Reasonable person WOULD have realised the risk of physical harm to V
JM and SM show that the specific physical harm v suffers does not have to be foreseen only that v would suffer physical harm of some sort.

Question 7

3 other 2 cases can you use for this section if they apply ?

Answer 7

Goodfellow Unlawful act can be aimed at PROPERTY,

R v Farnon and Ellis only use is D is vulnerable