Unlawful Act Manslaughter Flashcards
Elements to be proven according to LAMB:
-D must do an unlawful act (1)
-the unlawful act must be dangerous (2)
-the unlawful act must cause Vs death (3)
-D must have the required men’s rea for the unlawful act (4)
what does LAMB state about what type of act it must be?
the unlawful act must be a crime rather than only a civil wrong
according to LOWE, what is not sufficient for the actus reus
an omission
who/what can the unlawful act be aimed at according to GOODFELLOW?
Ds unlawful act need not be aimed at V or even a person; it could be aimed at property.
according to CHURCH, the unlawful act must be what?
the unlawful act must be dangerous, a reasonable person must foresee some risk of harm resulting from Ds act.
It does not matter that…
D doesn’t realise there was any risk of harm to another person.
what does WATSON state about the act being dangerous in relation to V?
where a reasonable person would be aware of Vs frailty and the risk of physical harm by shock to him then the unlawful act will be dangerous.
D must be a cause in what?
fact and law + no intervening act.
what does CATO state about legal causation?
where D injected V with a drug and V dies, D can be convicted of unlawful act manslaughter as D was more than a minimal cause of death.
what does KENNEDY state can break the chain of causation?
where D prepared the injection and handed the syringe to an adult of sound mind who then injected himself D has not caused the death. The chain of causation between Ds supply and Vs death is broken by Vs voluntary act in injecting himself.
If drugs are supplied by D to a young or vulnerable person…
then the self-administration by V is unlikely to break the chain of causation and D will have caused the death.
what does DPP v NEWBURY AND JONES state about the mens rea?
it is not necessary for D to realise that the act is unlawful or dangerous.
