Unlawful act manslaughter (cases) Flashcards
What happened in Lamb(1967)?
Defendant accidentally shot his friend when they both thought that the gun wasn’t loaded.Charged with an unlawful act of common assault .
NOT UNLAWFUL ACT MANSLAUGHTER -D did not satisfy MR as victim didn’t apprehend any fear.
What happened in Khan V Khan (1998)?
Defendant left a young girl who was in need of medical attention.
NOT UNLAWFUL ACT MANSLAUGHTER- omitting to act not an unlawful act.
What happened in Goodfellow (1986)?
Defendant set fire to his council house to be moved, killed 2 of his family members.
The act wasnt aimed at the victims however the reason was the unlawful act and birth AR and MR are satisfied.(no break in causation)
What happened in Franklin (1986)?
Defendant threw box off a pier,he killed a swimmer.
NOT UNLAWFUL ACT MANSLAUGHTER - the act was not illegal (must be a criminal offence for UAM)
What happened in Larkin(1943)?
Defendant threatened a a with a razor but killed a women in his path by cutting her throat.
Defendant claimed it was an accident.
Guilty of unlawful act manslaughter-battery offence, AR and MR.
What happened in Lowe(1973)?
Defendant charged with neglecting child
Omitting to act cannot be Unlawful Act Manslaughter
Church(1966)
Defendant hit victim after she mocked him,he thought he was dead so chucked her in the river.
Guilty of unlawful act manslaughter ,act was dangerous and cause her to drown.
Watson(1989)
Defendant broke into 87 year olds house who died of a heart attack.
The court wasn’t able to prove that the break in caused the heart attack and the case was quashed as a result.
Dawson and others 1985
Defendants attempted to rob a petrol station and ran away empty handed when alarm was sounded.
Victim suffered a heart attack(pre-existing heart condition).
Appealed and allowed-couldn’t foresee harm caused
Newbury and Jones 1967
2 boys pushed slab of concrete off a bridge killing a train driver as it smashed through train windscreen.
Guilty on unlawful act manslaughter.
Carey and others 2006
Victim was attacked and ran away .Manslaughter conviction quashed , death caused by running in fear(severely diseased heart) not the attack.
Cato 1976
Defendant and victim injected each other with heroin, the injection of heroin had to be the cause of death in order to find that manslaughter had taken place.consent may be considered here.
Dalby 1976
Injected himself with drugs several times in a night . Defendant not guilty of unlawful act manslaughter as the death was caused by the injection not the supply of drugs .
Kennedy 1999
Victim injected himself with the help of Defendant and died. The appellant was convicted of supplying a class A drug and constructive manslaughter as the injection was the direct cause of the death and the unlawful act by defendant.
