unlawful act manslaughter Flashcards
what is the three step test for unlawful act manslaughter
- the defendant must commit an unlawful act
- the act must be considered dangerous on an objective test
- the act must have caused the death
what is the mens rea for unlawful act manslaughter
the mr for the unlawful act and that the act is objectively considered dangerous
what case distinguished the type of offence that must be committed for unlawful act manslaughter
r v franklin established that it must be a criminal offence rather than a civil wrong
what is a case involving a gun where there was no UAM
lamb- d and v were messing around with a gun and v was mistakenly shot and died. there was no unlawful act because v had believed that the gun would not fire a bullet, s there was no apprehension of immediate unlawful violence and in turn no assault
case where one person injected another with drugs
cato- the defendant injected the fatal dose of morphine into his friend that caused his death. injecting the drug was the unlawful act.
case where one person injected another with drugs
cato- the defendant injected the fatal dose of morphine into his friend that caused his death. injecting the drug was the unlawful act.
what is a case that showed that an omission would not amount to an unlawful act
r v khan and khan- the defendants omission of failing to help a 15 year old girl that had overdosed could not constitute an unlawful act
what case gave a definition of dangerousness and what was the definition
church- d threw body in river believing she was dead but she drowned at that point. ‘all sober and reasonable people would inevitably recognise’ that the victim would be subject to at least ‘some harm’
what case involved transferred malice for UAM
larkin- d threatened a man with a razor blade, the mans gf tried to intervene but fell onto the razor blade and was cut. it did not matter that the act was not aimed at the gf.
what case further proved that the unlawful act does not have to be aimed at the victim
case of mitchell
what is a case for the unlawful act having to cause the victims death
kennedy- the defendant supplied and prepared heroin for the victim who injected themself and died- eventually, the HOL quashed the defendants conviction as it was said that the v injecting themself was an intervening act.
what is a further case that proved UAM cannot be an omission
lowe
