unlawful act manslaughter Flashcards
1
Q
what is their must be an unlawful act?
A
positive act not an omission (Lowe)
must be a crime (lamb)
can be any crime (Larkin)
not needed to be aimed at the victim (Mitchell)
2
Q
what is the unlawful act must be dangerous?
A
objective test (church)
doesn’t need to realise the risk of harm (Newbury and jones)
3
Q
factual causation?
A
but for test (r v white )
4
Q
legal causation?
A
more than minimal and the substantial cause (r v pagett)
5
Q
Kennedy
A
v injects themself
6
Q
cato
A
d injects victim
7
Q
what is the mr of unlawful act?
A
doesn’t need to realise the act is harmful (Newbury and jones)
8
Q
what is the mr is relation to death?
A
doesn’t need any additional mr for the death just the awful act
