Unlawful Act Manslaughter Flashcards

1
Q

Is unlawful act manslaughter from an act or omission?

A

Act not omission

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2
Q

What is the first point of unlawful act manslaughter?

A

Accused committed unlawful act

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3
Q

What four cases relate to the first point of Unlawful act manslaughter?

A

R v Lamb
R v Corion - Augustine
R v Gray
DPP v Newbury and Jones

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4
Q

What is the case of R v Lamb?

A

No fear no assault - therefore no unlawful act

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5
Q

R v Corion - Auguiste?

A

Bomb thrown at bus station caused fear - assault - unlawful - lady running tripped and died

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6
Q

R v Gray?

A

Shouted at cyclist on path who fell in road and died - D was disabled so no intent to cause fear

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7
Q

What is the men’s Rea of unlawful act manslaughter?

A

The men’s Rea of crime/unlawful act

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8
Q

DPP v Newbury and Jones?

A

Paving stone pushed of bridge to train - killed guard - only needed MR of unlawful act

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9
Q

What is the second point of unlawful act manslaughter?

A

The act was dangerous in the sense that sober and reasonable people would inevitably recognise that it carried some risk of harm

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10
Q

What four cases relate to the second point of unlawful act manslaughter?

A

R v Church
R v Woolley and Campbell
R v JM and SM
R v Birstow, Dum and Delay

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11
Q

R v Church?

A

Fought with women in van knocked out thought she was dead put her in river so drowned should have foreseen harm

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12
Q

R v Woolley and Campbell?

A

2 women threaten old man for money giving him heart attack - D’s harassment caused

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13
Q

R v JM and SM? (3 points)

A

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

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14
Q

What were the three points made in R v JM and SM?

A

-reasonable person would foresee
-some harm foreseeable
-don’t have to be of victims characteristics

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15
Q

R v Birstow, Dum and Delay?

A

Burglary resulting in death - reasonable person would foresee risk of harm

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16
Q

What is the third point of Unlawful act manslaughter?

A

The unlawful act of accused caused the victims death

17
Q

What cases relate to the third point of unlawful act manslaughter?

A

R v Goodfellow
R v Carey

18
Q

What cases relate to drugs in the third point of unlawful act manslaughter?

A

R v Dolby
R v Kennedy

19
Q

R v Goodfellow?

A

Burned down council house in hope for new one 3 died arson not aimed at victim - act need not be aimed at victim

20
Q

R v Carey?

A

Girl in fight later ran home died of heart disease aggravated by run, was not running from threat so break in causation

21
Q

R v Dolby?

A

D supplied V with drug - wasn’t supplying that caused death rather the injection - voluntary

22
Q

R v Kennedy?

A

D prepared drugs passing V syringe V injected themself - intervening event

23
Q

Do you need to learn factual and legal causation for unlawful act manslaughter?

A

Yes