Unlawful act manslaughter Flashcards
1
Q
Franklin 1883
A
- A civil wrong is not enough to give rise to an unlawful act but instead should lead to gross negligence manslaughter
2
Q
Andrews v DPP 1937
A
- HOL said that UAM should not be based merely on a lawful act done with a degree of carelessness which parliament makes criminal
- For example driving without due care and attention
- If this lawful act was grossly conducted it would give rise to GNM
3
Q
R v Lamb 1967
A
- Case used for ‘D must commit an unlawful act’
- Lamb was fooling around with a revolver and pulled the trigger accidentally killing friend
- Did not intend to kill or cause GBH
- He was guilty of possession of a firearm but it was not the possession that caused the death
- Was convicted but appealed claiming he did not fit an assault because the friends was not under any fear
- Conviction quashed
- Today, he could be done for GNM as he had a duty of care to friend
4
Q
R v Church 1966
A
- Defines objectively dangerous as ‘ such that all sober and reasonable people would realise was likely to cause SOME, albeit not serious harm’
5
Q
How high is the threshold for UAM and what controversial cases does it involve?
A
- Rather law threshold
- Includes one punch killers
6
Q
R v Newbury 1977
A
- Two 15 year old boys pushed paving slab of bridge over railway killing train guard
- Appealed to challenge the objective test set out in church but HOL disagreed so conviction upheld
7
Q
R v JF and NE 2015
A
- Case reiterated that the test in Church should be followed
- However there was unclear hints in the judgement made that the law may be a little harsh and therefore could be reformed in the future
8
Q
Alan Jewitt
A
- On punch killer in Norwich
- Punched guy down prince of wales street
- Pleaded self-defence
- Jury accepted plea so found not guilty
9
Q
Philip Ward
A
- Doorman pushed a man down prince of wales street Norwich who died
- Claimed self-defence
- Cleared of manslaughter
10
Q
R v Gill 2014
A
- D had Asperger syndrome and killed man with one punch
- Given 4 years jail which was unduly lenient
- Mother said it was a joke however the law has to be based on blameworthiness
11
Q
R v Dawson 1985
A
- Masked men in petrol station with a replica firearm
- Man then suffered fatal heart attack
- It was decided that ‘ all sober and reasonable people’ meant all sober and reasonable person who knew the facts that the jury knew
- COA quashed conviction as it should be the knowledge of the person committing the crime and no more
12
Q
R v Bristow 2013
A
- V run vehicle repair on his farm
- Was burgled and when V intervened they crushed him with a vehicle
- They were convicted of UAM but argued the burglary was not sufficiently dangerous as it did not carry the risk of SOME harm
- COA said intervention by 3rd party was foreseeable and therefore upheld conviction
13
Q
R v Mitchel 1983
A
- Concerned whether the unlawful act had to be aimed at the V
- Altercation at a post office where D punched a man who fell into an old woman who died
- Convicted of UAM but appealed saying he could only be guilty if he directed the unlawful act at the V
- COA upheld conviction ‘ Criminality of the doer is precisely the same no matter who dies ‘
- Case of transferred malice
14
Q
R v Goodfellow 1986
A
- D was in dispute with neighbours and to speed up getting rehoused he set fire to his lounge which accidentally killed 3 occupants
- Unlawful act was not directed at the V’s but still counted as in Mitchel
- Again transferred malice
15
Q
What are some controversies relating to UAM?
A
- Fair labelling
- Liability and sentencing could depend on bad luck such as one punch killers
16
Q
R v Coleman 1992
A
- V’s shouted racial abuse at D so D punched each men once
- 1 man fractured skull and died
- COA reduced sentence from 2 years to 12 months
17
Q
R v Gratton 2001
A
- D and V had been drinking and he thought V had been flirting with his GF
- D punched V 2/3 times who fell on rock and died
- Got 9 months, appealed but upheld by COA
18
Q
R v Furby 2005
A
- Decided sentence has to reflect harm caused and blameworthiness of an act
- COA said that if there was aggravating circumstances (more than 1 punch for example) sentence could go up to 4 years
- Provides a deterrent message
19
Q
A-G Reference No.60 2009
A
- 2 men attacked a man outside Tesco metro in Norwich
- It was said ‘the true level of his culpability is that specific attention must now be paid to the consequences of his crime’
20
Q
When did the law commission publish a report and what did it say?
A
- 1996
- They favoured the subjective approach and thought UAM was unprincipled. The recommended the abolition of UAM in its present form
21
Q
When did the government respond to the law commission of 1996 and what did they say?
A
- 2000
- Government said it might be viewed as morally unacceptable to just charge assault for cases where someone has died
- They said ‘intentional and reckless behaviour resulting in death should attract the appropriate charge and anyone embarking in this illegality should face the consequences.
22
Q
What did the law commission say when they amended their proposals in 2006?
A
- That the MR should include ‘where death was caused by a criminal act intended to cause injury’
- OR ‘where the offender was aware that the criminal act involved a serious risk of causing injury
