Unlawful act manslaughter Flashcards
What is involuntary manslaughter
An involuntary killing where the D does not have the intention to kill or cause grievous bodily harm
What is the definition of unlawful act manslaughter
D commits an unlawful act which is dangerous and causes death but does not have the mens rea for killing the victim
What are the 4 things that must be proven for unlawful act manslaughter
Unlawful act, the act is dangerous, it causes the death, mens rea for the act
For the unlawful act a 4 part test must be established
Positive act, a crime, any crime and not aimed at the V
What is meant by a positive act in unlawful act manslaughter and what case supports it
An action must be committed as an omission isn’t sufficient enough, Lowe
What is meant by a crime in unlawful act manslaughter and what case supports it
An act is done that goes against a law, Lamb
What is meant by any crime in unlawful act manslaughter and what case supports it
Any crime committed that ends in a death can be used, Larkin
What is meant by a positive act in unlawful act manslaughter and what case supports it
If intended at someone else or even nobody it can still be used, Mitchell
What case sets out to test whether an act was dangerous or not in unlawful act manslaughter
Church
What did the case of church say regarding dangerous act in unlawful act manslaughter
An unlawful act is dangerous if the sober and reasonable man would recognise that the Ds acts subject another to a risk of harm
What case would you use for The D doesn’t have to realise the risk of harm
Larkin
For the caused death part of unlawful act manslaughter what must be proven
Causation
What case states that the D doesnt need to be the sole cause of the death for unlawful act manslaughter
Shohid
What case states that if it was a series of unlawful acts there is no need to establish which one was the cause of death
AGs ref 4
What case is used when the D injects drugs into the V and then they die in unlawful act manslaughter
Cato
