Unlawful Act Manslaughter Flashcards
1
Q
Unlawful Act Manslaughter definition
A
This is an unlawful and dangerous act that causes the death of another human being
2
Q
r v Lowe
A
the killing must be a result of the defendants act not omission
3
Q
1st part of test
A
the act must be unlawful
4
Q
2nd part of test
A
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
5
Q
3rd part of test
A
the unlawful and dangerous act must cause the death of the v.
6
Q
r v Franklin
A
the unlawful act must constitute a criminal offence.
