unlawful act manslaughter Flashcards

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1
Q

unlawful act manslaughter definition

A

killing where the defendant doesn’t have the intention to kill or cause GBH

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2
Q

unlawful act

must be criminal offence

A

Franklin

lamb- absence of mens rea

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3
Q

unlawful act

must be act not omission

A

lowe- died of neglect

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4
Q

what counts as a dangerous act

A

only need some harm not serious doesn’t matter if defendant realises there was any risk or harm
larkin- fell on open cut-throat razor

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5
Q

dangerous act

doesn’t need to be aimed at victim

A

Mitchell- fight in post office pushed man into 89 year old

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6
Q

dangerous act

can be aimed at property

A

goodfellow- fire in council flat

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7
Q

dangerous act

risk of harm must be physical harm can’t be fear or apprehension

A

Dawson- suffered from Heart Attack

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8
Q

dangerous act

reasonable person must be aware of victims frailty and risk of physical harm for defendant to be guilty

A

Watson

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9
Q

causing the death

illegal drug causation issues

A

whether the defendant had done an unlawful act
and
whether the defendant caused the victims death or whether the self injection in intervening act

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10
Q

causing the death drug cases

Dalby

A

where defendant supplies drug but did nothing towards administration of it, not cause death

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11
Q

causing the death drug case

dias

A

where to find them prepared syringe and hands it to victim, probably not caused the death

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12
Q

causing the death drug case

Rogers

A

where defendant assists in injection somewhere he has participated in administrating substance he caused the death and is guilty of manslaughter

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13
Q

mens rea for unlawful act manslaughter

defendant must have mens rea but must not realise that was unlawful or dangerous

A

Newbury and Jones

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