unlawful act manslaughter Flashcards
Is unlawful act manslaughter wrote into statute and what’s the name?
No is COMMON LAW
what is element 1?
D must commit an unlawful act!
what case stated that there must be an unlawful act?
R v Lamb
what was stated in R v Franklin?
unlawful act cannot be a civil wrong
R v Lowe?
Nor can it be an omission
what is element 2?
unlawful act must be objectively Dangerous!
what case set out out dangerous test and what is it?
R v Church- whether a reasonable man would have recognised the risk of some harm to the V, ALBEIT not serious harm.
R v m and m?
the D does not have to realise the risk of any harm as the test is objective
case- the reasonable man does not make mistakes?
R v ball
R v Dawson
There must be a risk of physical harm; emotional harm is insufficient
R v Watson
Once D is aware of V’s age, vulnerability, fraility or ill health then the act becomes a dangerous one
R v Bristow and others?
reasonable man does not have realise the sort of harm; just the risk of some harm!
what is element 3?
The unlawful act must cause the Vs death
If a intervening act then set out?
Causation
Factual causation- test and 2 cases?
But for- R v White/ R v Pagett
