Unlawful Act Manslaughter

Question 0

Unlawful act must be criminal ?

Answer 0

R v franklin - an omission won’t be enough

R v Lamb - must have all elements (mr and ar)

Question 1

Actus Reus

Answer 1

Act must be unlawful
Must be dangerous
Must have the men’s rea for the UA

Question 2

Unlawful act must be dangerous

Answer 2

An act is dangerous if a sober and reasonable person would recognise it carries a risk of physical injury to another person - church

Question 3

When will it not be dangerous?

Answer 3

To a property - r v goodfellow
If d didn’t know about v’s condition - r v Dawson
IS dangerous when d does know about vs frailty/ condition = dangerous

Question 4

Drugs may break the chain

Answer 4

Kennedy - injecting himself will break the chain

Cato: administering the drugs doesn’t break the chain

Question 5

Unlawful act must cause death

Answer 5

Causation issues

Question 6

Mr : must have mr for the unlawful act,

Answer 6

it is not necessary for D to foresee that any harm would come from his act - DPP v Newbury and jones

Question 7

Transferred malice

Answer 7

Mitchell- malice can be transferred from one v to another