Involuntary manslaughter-unlawful act Flashcards
Definition
To be found guilty of unlawful act manslaughter:
Must carry out an unlawful act
Act must be dangerous
Act must cause death
Must have required mens rea for the unlawful act
Must be a criminal act
R v Franklin
Omission was not an act
R v Khan and Khan
Distinction between an omission and a commission
R V Lowe
Must be an assault
R v Lamb
Act is dangerous if a reasonable and sober person would realise it creates a risk of some harm
R v Church
Dangerous act
R v Larkin
R v Mitchell
Specific harm is not required
R v JM and SM
Emotional/ mental harm leading to physical harm
R v Dawson
Defendant aware of condition
R v Watson
An act aimed at property as long as a reasonable person would recognise the act may cause some harm to another person
R v Goodfellows
Intervening acts- defendant administrated the drug
R v Cato
Act of the victim and effect of injection
R v Dalby
Some involvement in administration
R v Kenedy
Can be intention or recklessness depends on unlawful act
R v Lamb
