Unlawful Act Manslaughter Template Flashcards
- Prima facie….
D could be charged with involuntary manslaughter as he has committed an unlawful and dangerous act that caused death.
- D must have…..
Committed an unlawful act, assault is sufficient, R v Lamb.
Application: state what the unlawful act is and give details of the AR of that offence.
- Whether an act is dangerous…..
Is an objective test based on what the reasonable juror believes is dangerous, R v Church.
The court of appeal has said an act is dangerous if all reasonable people would inevitably recognise that the act must subject the other person to a risk of harm albeit not serious harm.
The reasonable man has the same knowledge as D, R v Watson.
APPLICATION: why the act is considered dangerous by a sober and reasonable person.
- The dangerous act……
Must have caused death.
APPLICATION: state whether the dangerous act factually and legally caused death (may need to go through causation)
- Finally, the MR is…
The unlawful act, DPP v Newbury and Jones.
APPLICATION: state what the MR of the unlawful act is and if D has the MR of the offence.
D is/ isn’t guilty of unlawful and dangerous act manslaughter.
