unlawful act manslaughter Flashcards
unlawful act manslaughter definition
killing where the defendant doesn’t have the intention to kill or cause GBH
unlawful act
must be criminal offence
Franklin
lamb- absence of mens rea
unlawful act
must be act not omission
lowe- died of neglect
what counts as a dangerous act
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
dangerous act
doesn’t need to be aimed at victim
Mitchell- fight in post office pushed man into 89 year old
dangerous act
can be aimed at property
goodfellow- fire in council flat
dangerous act
risk of harm must be physical harm can’t be fear or apprehension
Dawson- suffered from Heart Attack
dangerous act
reasonable person must be aware of victims frailty and risk of physical harm for defendant to be guilty
Watson
causing the death
illegal drug causation issues
whether the defendant had done an unlawful act
and
whether the defendant caused the victims death or whether the self injection in intervening act
causing the death drug cases
Dalby
where defendant supplies drug but did nothing towards administration of it, not cause death
causing the death drug case
dias
where to find them prepared syringe and hands it to victim, probably not caused the death
causing the death drug case
Rogers
where defendant assists in injection somewhere he has participated in administrating substance he caused the death and is guilty of manslaughter
mens rea for unlawful act manslaughter
defendant must have mens rea but must not realise that was unlawful or dangerous
Newbury and Jones