Involuntary Manslaughter: Unlawful Act Flashcards
What are the requirements for UAM?
- D commits an unlawful act
- Act is objectively dangerous
- Act causes death
- D has mens rea for unlawful act
What was held in R v Franklin?
A tort is not enough for UAM
What was held in R v Lamb?
There must be a criminal offence
What was held in R v Lowe?
Omission is not enough for UAM
What was held in R v Church?
An act is objectively dangerous if a sober and reasonable person would foresee the other person be subject to at least some harm
What was held in R v Larkin?
Humphries J said that a dangerous act is “an act that is dangerous, at the same time unlawful, likely to injure but instead causes death”
What was held in R v Mitchell?
The person who is threatened or attacked does not need to be the person who died
What was held in R v J M and S M?
A reasonable person only has to foresee some harm
What was held in R v Goodfellow?
The act does have to be aimed at a person it is sufficient if aimed at property
What is held in R v Dawson?
Harm can only be considered foreseeable if V’s special condition was known or should have been known to D
What was held in R v Watson?
Burglary can be dangerous as it became dangerous when the man’s condition became known to D
What was held in R v Bristow, Dunn and Delay?
Burglary became dangerous when a reasonable man would foresee harm
What was held in R v Williams and Davis?
If there is an intervening act, D cannot be guilty
What was held in R v Kennedy?
V freely administered the heroin and injected himself so D could not be guilty
What was held in R v Newbury and Jones?
The test is not whether D foresees harm, it is whether a reasonable person would
