unlawful act manslaughter Flashcards
what is uam also know as
constructive manslaughter
what ar and mr do you have for involuntary manslaughter
ar-murder
mr- of occasioning act
what is the sentence for involuntary manslaughter
nothing to life
what is uam
where someone does something criminal that leads to death
is there need for malice aforethought
no
does d need to realise death may occur
no
what are the 3 things prosecution must prove for the ar of uam
d did an unlawful act
the act is dangerous on an objective test
the act caused death (rules of causation)
what must prosecution prove for the mr of uam
d has the required mr for the unlawful act
can a civil wrongful be an unlawful act + case
no not an omission
R v lowe
what is often unlawful act
a non fatal offence but not s18
must the unlawful act be aimed at+ cases
no
mitchell
goodfellow
what is the definition of some harm
physical harm
must d forsee death +case
no
r v jm + sm
what are the rules of causation
factual-but for
legal-more than minimal
no break in chain
thin skull rule
heart problems
if the unlawful act happens and v has a heart attack and dies the d will most likely not be guilty
what is the mr for uam
that if the occasioning unlawful act
what are the criticisms of uam
covers a large range of conduct
death could be unexpected
a d who didn’t realise death can still be guilty due to objective test
what happened in r v franklin
d threw a box of peir
box hit a swimmer
not an unlawful act so not uam
what happened in r v larkin
d threatened man with razor
gf fell on it a died
assault led to death so uam
what happened in r v lamb
2 boys play with gun and one shoots the other
no assault so no uam
what was said in r v lowe
must be an act not ommision
what happened in r v church
d punched a woman and knocked her unconscious
d thought she was dead so threw her in the river
objectively dangerous so uam
what happened in r v mitchell
d punched man who fell into v and v died
uam transferred malice
what happened in goodfellow
d set his council flat on fire to get rehoused but it spread and someone died
guilty of uam
what happened in r v dawson
3 D’s try to rob petrol station
v sounded police alarm and died of a heart attack
not guilty of uam
what happened in r v watson
2 D’s try to rob old man
they tie him up and abuse him then leave
v dies of heart attack
not guilty of uam
what happened in r v cato
D buys drugs and invites v and others to use them
v mixes own drugs d injects them
guilty of uam as d administered it
what happened in dpp v newbury
2 boys drop a slab on a train and kill guard
guilty even though they didn’t forsee
