unlawful act manlaughter Flashcards
1
Q
What is the criteria to prove unlawful act manslaughter?
A
- unlawful act
- dangerous act
- has mr for specific act
- caused their death
2
Q
Explain ‘unlawful act’ as part of unlawful act manslaughter.
A
unreasonable act (omission not sufficient)
criminal not civil
Cato:
D infected friend when injecting morphine. Unlawful = drugs
3
Q
Explain ‘dangerous act’ as part of unlawful act manslaughter.
A
objective test
test for dangerousness = ‘risk of some harm, albeit not serious harm’
Mitchell:
In post office queue, D pushed X, who fell into V, who sustained an injury that led to their death.
4
Q
Explain ‘has the mr for specific act’ as part of unlawful act manslaughter.
A
what is the act committed?
what is the mens rea for it?
5
Q
Explain ‘caused their death’ as part of unlawful act manslaughter.
A
causation
factual, legal, interveining act?
