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Involuntary Manslaughter > UAM > Flashcards

UAM Flashcards

1
Q

brief description of UAM

A

doesn’t intend to kill the victim or cause GBH but has committed an unlawful act that results in the death

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2
Q

Actus Reus (3 principles)

A
  • act must be unlawful
  • act must cause the death
  • act must be dangerous
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3
Q

Mens Rea

A

must have the mens rea of the unlawful act- only needs this not the mens rea of the harm

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4
Q

Stone and Dobinson

A

to be guilty of UAM D must commit an ACT cant be an OMMISSION or will be GNM

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5
Q

Franklin

A

the act must be a crime- a civil wrong is not enough

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6
Q

Lamb

A

must complete the actus reus and the mens rea of the unlawful act

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7
Q

DPP V Newbury and Jones

A

only need the mens rea of the unlawful act- dont need to prove they forsaw the risk of harm

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8
Q

Mitchell

A

transferred malice

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9
Q

types of causation

A
  • factual
  • legal
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10
Q

factual case

A

Pagett

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11
Q

legal case

A

Smith

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12
Q

thin skull rule case

A

Blaue

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13
Q

Dear

A

self neglect by V doesnt break the chain

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14
Q

drugs (2 principles)

A
  • committed an unlawful act
  • has D caused V’s death or does self injecting break the chain
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15
Q

Cato

A

D injecting V is an unlawful act. D= factual and legal cause of death

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16
Q

Kennedy

A

voluntarily self injecting breaks the chain of causation- D will be aquitted

17
Q

act must be dangerous cases (6)

A
  • Church
  • Dawson
  • Watson
  • RV JM and SM
  • Goodfellow
  • R V Farnon and Ellis
18
Q

Church

A

a sober and reasonable person will know it could cause some harm

19
Q

Dawson

A

forsight of emotional harm is not enough to prove the act was dangerous

20
Q

Watson

A

dangerous if the reasonable and sober person would realise it might cause “physical harm”. age and frailty considered

21
Q

R V JM and SM

A

not necessary for the reasonable and sober person to foresee the specific type of harm V has suffered just that there would be physical harm

22
Q

Goodfellow

A

unlawful act can be aimed at property provided sober and reasonable person would of realised it still carried a risk of physical harm to a person

23
Q

R V Farnon and Ellis

A

D will be compared to a sober and reasonable person even if D is not sober and reasonable

Involuntary Manslaughter (2 decks)

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