UNLAWFUL ACT MANSLAUGHTER Flashcards
What is the first element for D to be liable for unlawful act manslaughter?
There must be a positive and unlawful act - a criminal offence, and not an omission.
Example: D committed assault on V by threatening V with violence.
What is the second element for D to be liable for unlawful act manslaughter?
The unlawful act must be dangerous, assessed by whether a reasonable person would recognize a risk of some physical harm.
Example: D’s unlawful act is dangerous as the reasonable person would recognize a risk when D punches V.
What is the third element for D to be liable for unlawful act manslaughter?
There must be the necessary mens rea for the unlawful act, with no need to intend or foresee harm.
Example: D had the mens rea for the assault on V because he intended to cause fear.
What is the fourth element for D to be liable for unlawful act manslaughter?
The unlawful act must cause the victim’s death, satisfying the rules on causation.
Example: D was the factual cause of V’s death as but for D hitting V, V would not have died.
What is the test for factual causation in unlawful act manslaughter?
The test is the ‘but for’ test, determining if the harm would not have occurred but for the defendant’s actions.
What constitutes the legal cause of death in unlawful act manslaughter?
D hitting V was probably the legal cause of death as it was the operating and substantial cause.
What can break the chain of causation in unlawful act manslaughter?
A novus actus interveniens can break the chain if it was not reasonably foreseeable.
How does the victim’s own act affect the chain of causation?
If the victim’s act is unforeseeable, it will break the chain; if foreseeable, it will not break the chain.
Example: V jumped into the road which was unforeseeable, breaking the chain.
How does a third party act affect the chain of causation?
If the third party’s actions are unforeseeable, they will break the chain; if foreseeable, they will not break the chain.
What is the effect of medical negligence on the chain of causation?
Medical negligence usually does not break the chain unless it is considered very serious (‘palpably wrong’).
Example: The surgeon’s actions were not palpably wrong, so will not break the chain.
What is the ‘take your victim as you find them’ rule?
If V has a hidden weakness, D is expected to take them as they are under the thin skull rule.
Example: D cannot blame V for her extreme reaction as she is especially anxious.
