Unlawful act manslaughter Flashcards

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1
Q

What is involuntary manslaughter

A

An involuntary killing where the D does not have the intention to kill or cause grievous bodily harm

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2
Q

What is the definition of unlawful act manslaughter

A

D commits an unlawful act which is dangerous and causes death but does not have the mens rea for killing the victim

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3
Q

What are the 4 things that must be proven for unlawful act manslaughter

A

Unlawful act, the act is dangerous, it causes the death, mens rea for the act

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4
Q

For the unlawful act a 4 part test must be established

A

Positive act, a crime, any crime and not aimed at the V

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5
Q

What is meant by a positive act in unlawful act manslaughter and what case supports it

A

An action must be committed as an omission isn’t sufficient enough, Lowe

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6
Q

What is meant by a crime in unlawful act manslaughter and what case supports it

A

An act is done that goes against a law, Lamb

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7
Q

What is meant by any crime in unlawful act manslaughter and what case supports it

A

Any crime committed that ends in a death can be used, Larkin

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8
Q

What is meant by a positive act in unlawful act manslaughter and what case supports it

A

If intended at someone else or even nobody it can still be used, Mitchell

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9
Q

What case sets out to test whether an act was dangerous or not in unlawful act manslaughter

A

Church

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10
Q

What did the case of church say regarding dangerous act in unlawful act manslaughter

A

An unlawful act is dangerous if the sober and reasonable man would recognise that the Ds acts subject another to a risk of harm

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11
Q

What case would you use for The D doesn’t have to realise the risk of harm

A

Larkin

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12
Q

For the caused death part of unlawful act manslaughter what must be proven

A

Causation

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13
Q

What case states that the D doesnt need to be the sole cause of the death for unlawful act manslaughter

A

Shohid

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14
Q

What case states that if it was a series of unlawful acts there is no need to establish which one was the cause of death

A

AGs ref 4

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15
Q

What case is used when the D injects drugs into the V and then they die in unlawful act manslaughter

A

Cato

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16
Q

What case states that if the V voluntarily takes the drugs that D wont be liable for unlawful act manslaughter

A

Kennedy

17
Q

What is meant by the mens rea of the offence and not the death in unlawful act manslaughter

A

D must have the necessary mens rea for the unlawful act, the D doesn’t also need to know the act is unlawful and dangerous

18
Q

What case would you use for the mens rea of unlawful act manslaughter

A

Newbury and Jones

19
Q

What mens rea do you not need for unlawful act manslaughter

A

The death