Unlawful Act Manslaughter Flashcards
Is unlawful act manslaughter from an act or omission?
Act not omission
What is the first point of unlawful act manslaughter?
Accused committed unlawful act
What four cases relate to the first point of Unlawful act manslaughter?
R v Lamb
R v Corion - Augustine
R v Gray
DPP v Newbury and Jones
What is the case of R v Lamb?
No fear no assault - therefore no unlawful act
R v Corion - Auguiste?
Bomb thrown at bus station caused fear - assault - unlawful - lady running tripped and died
R v Gray?
Shouted at cyclist on path who fell in road and died - D was disabled so no intent to cause fear
What is the men’s Rea of unlawful act manslaughter?
The men’s Rea of crime/unlawful act
DPP v Newbury and Jones?
Paving stone pushed of bridge to train - killed guard - only needed MR of unlawful act
What is the second point of unlawful act manslaughter?
The act was dangerous in the sense that sober and reasonable people would inevitably recognise that it carried some risk of harm
What four cases relate to the second point of unlawful act manslaughter?
R v Church
R v Woolley and Campbell
R v JM and SM
R v Birstow, Dum and Delay
R v Church?
Fought with women in van knocked out thought she was dead put her in river so drowned should have foreseen harm
R v Woolley and Campbell?
2 women threaten old man for money giving him heart attack - D’s harassment caused
R v JM and SM? (3 points)
2 brothers in affray at night club doorman suffered aneurism died - made 3 points
-reasonable person would foresee
-some harm foreseeable
-don’t have to be aware of victims characteristics
What were the three points made in R v JM and SM?
-reasonable person would foresee
-some harm foreseeable
-don’t have to be aware of victims characteristics
R v Birstow, Dum and Delay?
Burglary resulting in death - reasonable person would foresee risk of harm
What is the third point of Unlawful act manslaughter?
The unlawful act of accused caused the victims death
What cases relate to the third point of unlawful act manslaughter?
R v Goodfellow
R v Carey
What cases relate to drugs in the third point of unlawful act manslaughter?
R v Dolby
R v Kennedy
R v Goodfellow?
Burned down council house in hope for new one 3 died arson not aimed at victim - act need not be aimed at victim
R v Carey?
Girl in fight later ran home died of heart disease aggravated by run, was not running from threat so break in causation
R v Dolby?
D supplied V with drug - wasn’t supplying that caused death rather the injection - voluntary
R v Kennedy?
D prepared drugs passing V syringe V injected themself - intervening event
Do you need to learn factual and legal causation for unlawful act manslaughter?
Yes
