Unlawful Manslaughter Flashcards
(Lowe)
Positive act not omission
(Lamb)
Unlawful act must be a crime
(Goodfellow)
Property crime
(Larkin)
Any crime can form basis
(Mitchell)
Does not need to be aimed at V
Dangerous: (Church)
“if the sober and reasonable man would recognise that Ds act subjects another to the risk of some harm”
(Dawson)
This can be shocked but not just fear or upset
(Watson)
Burglary may be dangerous if apparent to the reasonable man that D is old and frail
(JM&SM)
D does not need to realise the risk of harm or specific type of harm
Causation
Factual
Legal: (Corion-Auguiste)
(Shohid)
It needs not be the sole cause of death
(Cato)
If D injects V with drugs and causes death they are liable
(Kennedy)
V voluntarily injects themselves so V has broken chain of causation
(AG’s Ref 4)
Series of unlawful acts, no need to establish actual cause
(Newbury and Jones)
D just have Mr for unlawful act. Need not know if unlawful or dangerous- dangerous test objective
Does not require Mr for death