Unlawful Act Manslaughter Cases(invol)

Question 1

R v lamb

Answer 1

Facts: d’s were playing around with a revolver not realising it would fire

Ratio: fail to apprehend, assault fails

Question 2

R v Lowe

Answer 2

Facts: d’s child died from neglect

Ratio: omission cannot lead to an offence of UAM

Question 3

R v Larkin

Answer 3

Facts: d cuts partners throat with razor

Ratio: subjective viewpoint of dangerous conduct is irrelevant purely on an objective standard(church)

Question 4

R v goodfellow

Answer 4

Facts: d set fire to council flat resulting in the death of his wife, son and another women

Ratio: UAM can be committed via property

Question 5

JM and SM

Answer 5

Facts: d’s killed doorman. Rental artery had ruptured

Ratio: the test is judged by a sober and reasonable person on an objective test

Question 6

R v Dawson

Answer 6

Facts: d’s attempted to rob petrol station. V died in shock as a result of a heart attack

Ratio: risk of physical harm

Question 7

R v Watson

Answer 7

Facts: d’s threw brick through a house window of an 87 year old mans house they physically abused him and he later died of a heart attack

Ratio: time frame of 90 mins was too long to indicate that their dangerous act caused the death of d

Question 8

Bristow, Dunn and Delay

Answer 8

Facts: d’s burgled workshop and killed v

Ratio: risk of physical harm

Question 9

Newbury and Jones

Answer 9

Facts: d threw an item off a bridge killing a train guard

Ratio: the must have the MR for the unlawful act itself they don’t need to foresee the end result of their unlawful act

Question 10

R v Cato

Answer 10

Facts: d and v each prepared an injection for each other (mix of heroin and water) d committed the unlawful act by administering a noxious substance to v

Ratio: if d also injects the drug into v then there is no break in the chain of causation

Question 11

R v Dalby

Answer 11

Facts: d supplied a drug called diconal which v self injected and subsequently died

Ratio: the injection caused the death which was a voluntary act by the victim, the chain of causation had been broken

Question 12

R v Kennedy

Answer 12

Facts: d prepared an injection of heroin and water for v to inject himself. V injected himself and subsequently died

Ratio: v’s act in injecting the heroin himself was an intervening act which broke any chain of causation

Question 13

R v Franklin

Answer 13

Facts: d threw box into sea the box hit a swimmer who died as a result

Ratio: it’s not sufficient that the act committed is against civil law