Unlawful Act

Question 1

AR of manslaughter

Answer 1

Must occur through an act not an omission

Question 2

3 key points needed

Answer 2

• Accused committed an unlawful act
• Act was dangerous, carried risk
• The unlawful act of accused caused death (need not be aimed at victim)

Question 3

3 key points needed

Answer 3

• Accused committed an unlawful act
• Act was dangerous, carried risk
• The unlawful act of accused caused death (need not be aimed at victim)

Question 4

Cases for unlawful act

Answer 4

-R v Lamb - no fear no assault - no unlawful act
R v cordon Auguste - threw air bomb

Question 5

Mens rea

Answer 5

Means rea if the unlawful act (depends on the crime)

Question 6

Mens rea case

Answer 6

DPP v Newbury and jones - push brick off bridge onto train - kill guard - convicted even tho didn’t foresee act causing harm

Question 7

Act was dangerous , carried risk cases

Answer 7

R v church - fought women , thought he’d killed her - only knocked out , dumped in river , drowned - manslaughter - reasonable person appreciate risk

R v Jm and sm - 2 bros club fight hit doorman who suffered aneurysm - appealed and acquitted

Question 8

Person is liable for manslaughter when :

Answer 8

-harm was foreseeable no matter what form

Question 9

Unlawful act caused death cases

Answer 9

R v Carey - school fight caused bruise,- girl later ran home -died due to heart failure and died - no manslaughter as fight didn’t cause her to run hours later
R v goodfellow - set house on fire for insurance , wife child and friend died - manslaughter - wasn’t aimed at victim but caused death
R v Kennedy - supplied and prepared drugs in syringe , victim infected and died chain of causation (supplied but didn’t make them take drugs)