UNLAWFUL ACT MANSLAUGHTER CASES (INVOLUNTARY MS)

Question 1

There must be an unlawful act (1 of 3 elements to AR)

Answer 1

FRANKLIN

threw box off pier killing swimmer - civil law not sufficient

Question 2

All elements of the unlawful act must be present

Answer 2

LAMB -

Two boys playing with revolver - NO UNLAWFUL ACT AS NO ASSAULT

Question 3

THERE ARE NO OMISSIONS - MUST BE AN UNLAWFUL ACT

Answer 3

LOWE + KHAN AND KHAN

Question 4

The unlawful act need not be directed at the victim

Answer 4

LARKIN

transferred malice

Question 5

The unlawful act must be dangerous (2/3 elements of AR)

Answer 5

CHURCH

Question 6

The unlawful act does not have to be directed against a person - can be directed at property

Answer 6

Goodfellow

• D set fire to council estate so him and family would be rehoused - fire killed wife, son and other woman - the unlawful act is arson.

Question 7

The unlawful dangerous act must cause the death (3/3 elements of AR)

Answer 7

CATO/DALBY

Question 8

Mens rea - must have the mens rea for the unlawful act you have committed

Answer 8

DPP v Newbury & Jones