UDA Flashcards
Origin
R v Church
-involuntary manslaughter
-AR for murder, but no MR
Elements
-unlawful act
-dangerous
-act need not to be aimed at V
-causes death
Unlawful act
death must be caused by unlawful act
-R v Lamb: no assault/no unlawful act
-R v Slingsby: battery
-R v Lowe: has to be an act not omission/baby ill
Dangerous
objectively
-R v Church
-R v Bristow: Ds acquired knowledge
Act need not to be aimed at V
can be property
-R v Larkin: razor fell on mistress, not meant for her
-R v Mitchell: post office
-R v Goodfellow: wanted to leave house so set a fire, killed family
Causes death
Causation
-R v Carey: heart condition
-R v Cato: D injected drug into V
Mens Rea
*Prosecution must prove D had MR for unlawful act
*no requirement for D to foresee harm
*intention or recklessness for the unlawful act
-DPP v Newbury and Jones: train and slab of wood