Unlawful Act Manslaughter Flashcards
What is the definition of unlawful act Manslaughter
- D did an unlawful act
- Act must be dangerous
- Act must cause death
- D has men’s rea
What are the two cases showing that D must do an unlawful act
Franklin
Lamb
What case shows an omission cannot create liability for unlawful act manslaughter
Lowe
What does ‘Church’ state
‘A reasonable person would see the risk of some harm, albeit not serious harm’
What does ‘JM and SM’ state
‘It is enough that the sober and reasonable person would foresee some harm’
What case shows that fear and apprehension is not sufficient for unlawful act manslaughter, even if it causes V to have a heart attack
Dawson
What case shows fear and apprehension can be sufficient if a reasonable person would be aware of V’s frailty
Watson
What case shows that the unlawful act does not need to be aimed at the intended victim
Larkin
What case shows that a dangerous act against property can also suffice for unlawful act manslaughter
Goodfellow
What case shows a burglary can suffice for unlawful act manslaughter
Bristow, Dunn and Delay
Do you have to go over causation for unlawful act manslaughter
Yes
What case shows that if D injects a drug into V then there is no break in the chain of causation
Cato
What case shows that D suppling V with a drug, V injecting into themselves and then dying was a break in causation
Dalby
What case shows it is not necessary for D to realise the act is unlawful or dangerous
Newbury and Jones
What case shows that transferred malice applies to unlawful act manslaughter
Mitchell
