Unlawful & Dangerous Acts Manslaughter Flashcards
What is involuntary manslaughter?
Where there is an unlawful killing of a human being with no malice aforethought.
What is the sentence for involuntary manslaughter?
Discretionary life sentence.
What is element one?
- D must commit an unlawful act.
What must the act be?
- A positive act.
- Not an omission or civil wrong.
Who can the unlawful act be directed act?
Another person through transferred malice.
What is element two?
The unlawful act must be dangerous.
What is the definition of dangerous, and who created it?
- The church test.
- “Would a sober and reasonable person forsee the risk of some harm?”.
What is the definition of harm?
- Physical harm.
- Can be fear if V is old or frail.
What is element three?
- The unlawful and dangerous act must have caused death.
How is factual causation proved?
The ‘But For’ test.
What is the ‘But For’ test?
“But for D’s actions the end result would not have happened”
What is legal causation?
D must play a significant part in the death.
What is the law surrounding the chain of causation?
There must be no intervening acts which break the chain of causation.
What is element four?
D must have the mens rea for the unlawful act.
