Unlawful Act Manslaughter Flashcards
The Act is
Unlawful. It needs to be against the law in order to be considered unlawful act manslaughter.
No unlawful act in
Lamb
What test is applied
Objective test. Where D is compared to the ordinary, reasonable, and normal person. Would they have done the same as D?
Church
D threw unconscious girlfriend into the river. Causing her to drown.
The act must
cause death.
More than
minimal contribution
Cato
D injected V.
Causation
Factual causation applies the ‘but for’ test
Legal causation questions is it fair to blame D?
Mens rea
D must have the Mens Rea for the unlawful act alone. D soes not have to foresee death.
TM
Malice can be transferred. Where D inadvertently hurts a second victim
Mitchell
Pushing in post office
TM -> P
Malice can be transferred from property.
Goodfellow
Burned down house. Subsequently killing family inside.
State The Law
The act is unlawful. If the act is not against the law then the offence will fail. No unlawful act in lamb.
The objective Test is applied. D is compared to the ordinary reasonable person of Ds sex/age. Would they have done the same thing. Church.
The act must cause death. More than minimal contribution.
Factual Causation applies the ‘but for’ test.
Legal causation questions is it fair to blame D? Cato
D must have the Mens rea for the unlawful act alone. He does not have to foresee death.
Malice can be transferred. Where D inadvertently hurts a second victim. Mitchell
Malice can be transferred from property onto a victim. Goodfellow.
