Unlawful Act Manslaughter Flashcards
Unlawful Act Manslaughter definition
This is an unlawful and dangerous act that causes the death of another human being
r v Lowe
the killing must be a result of the defendants act not omission
1st part of test
the act must be unlawful
2nd part of test
the unlawful act must be dangerous, which means all sober and reasonable people would realise that it would subject the v to the risk of physical harm.
whether or not the d realises this is irrelevant
3rd part of test
the unlawful and dangerous act must cause the death of the v.
r v Franklin
the unlawful act must constitute a criminal offence.
r v church
the act must be one in which all sober and reasonable people would realise that it subjects the v to the risk of physical harm
r v ball
the appellants intention, knowledge or foresight is irrelevant
r v lamb
as there was no assault there was no unlawful and dangerous act manslaughter.
