Unlawful Act Manslaughter Flashcards

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1
Q

What is required for there to be unlawful act manslaughter?

A
  • the defendants intentionally did an act
  • the act was unlawful
  • the unlawful act was dangerous
  • the unlawful act caused the death of the victim
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2
Q

What is required for the defendant’s act to be intentional?

A

They must have voluntarily carried out the act and had intention to do the act (though not the consequences which flow from it)

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3
Q

What three requirements are there for the defendant’s act to be unlawful?

A

The act must be

  • a criminal act
  • an intrinsically unlawful act
  • an act rather than an omission
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4
Q

What must be proved in terms of ‘criminal act’ for requirement that defendant’s act be unlawful?

A

Must be a criminal act independent of the fact that it has caused death.

Both actus reus and mens rea of that act must be proven

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5
Q

Does the criminal act need to be serious?

A

No - eg can be common assault

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6
Q

What must be proved in terms of the act being ‘intrinsically unlawful’ for requirement that defendant’s act be unlawful?

A

Unlawful act cannot be based on a lawful act which only becomes unlawful because of the negligent or reckless manner in which it is performed eg driving

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7
Q

What must be proved in terms of ‘must be an act not an omission’ for requirement that defendant’s act be unlawful?

A

Person cannot be guilty of unlawful act manslaughter for an omission

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8
Q

How is whether the act is dangerous to be assessed?

A

Objective test based on what the sober and reasonable person would appreciate

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9
Q

What harm is to be considered in assessing whether an act is dangerous or not?

A

Harm must be physical and not emotional

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10
Q

What features and knowledge does the reasonable person have in assessing whether the act is dangerous?

A
  • the sober and reasonable person knows everything they would have known had they been in the defendant’s shoes at the time
  • the sober and reasonable person has any special knowledge that the defendant has or ought to have known
  • being reasonable, they do not make any unreasonable mistake made by the defendant
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11
Q

How does the law of causation relate to unlawful act manslaughter?

A

Normal rules apply

The unlawful act must have both factually and legally caused the death of the victim

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12
Q

If the defendant administers an illegal drug to victim who then dies will they be guilty of unlawful act manslaughter?

A

Yes - even if the victim consents they can be found guilty

Consent no defence here

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13
Q

If the defendant supplies and assists the deceased to take drugs can they be guilty of unlawful act manslaughter?

A
  • in the case of a fully informed and responsible adult - no
  • if the deceased is deceived or otherwise unaware that they are taking drugs, then D can still be guilty
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