3.10)Unlawful Act Manslaughter Flashcards
(9 cards)
What type of offence is “Unlawful Act Manslaughter”
A common law offence separate from murder
What is meant by an Unlawful Act
D must have committed a criminal offence that is a positive act eg ABH, GBH etc
Define “Involuntary Manslaughter”
An unlawful killing where there is no mens rea for murder
What are the rules for “Unlawful Act Manslaughter”
1)An Unlawful Act
2)Act is Objectively Dangerous
3)Act caused Vs Death
What is meant by Objectively Dangerous
Act is likely to cause some harm, and it doesn’t matter if not aimed at the victim or if D knows if it is dangerous or not
What is meant by “Act causes the death of V”
Must be a link between an unlawful and dangerous act and Vs death, and causation must be established with no break in the chain
What is the Mens Rea for “Unlawful Act Manslaughter”
1)What is the MR for the Unlawful Act offence D committed
What does “R v Franklin [1883] entail
D was found not guilty after dropping a stone in the sea and hitting and killing a swimmer
What does “R v Farnon & Ellis [2015]” entail
D was guilty after setting the house on fire and killing someone inside as they died from the act of arson
