uawful act manslaughter Flashcards
(16 cards)
what is the Ar
unlawful killing of a reasonable person in being under the queens peace
what is the first point of UAM
the death must be caused by an unlawful act which must be a criminal offence
point of law in r v lowe
omission isnt enough to be an unlawful act
lamb
omission isnt enough to be an unlawful act
r v mitchell
the unlawful act does not need to be aimed at v
what is point 2 of UAM
the act must be dangerous on an objective level
what is the test for point 2
need not be the accused that foresaw the harm but a “sober and reasonable” person. battery or any higher crime will be considered dangerous
r v larkin
d waved around a razor and v stumbled into it
r v church
a burglary gone wrong
r v dawson
an attempted robbery, v had a heart attack causing him to die
r v goodfellow
the unlawful dangerous act can be aimed at property and not a person, as long as a reasonable person could foresee ‘some harm’
what is point 3
the act must cause the death
r v kennedy
hol confirmed self injection is a voluntary intervening act which breaks the chain of causation.
Ag ref (no 4 of 1980)
if the death of the victim is caused by a series of unlawful acts any of them could be the cause.
point 4
the d must have the mens rea of the original unlawful act
r v newburry and jones
d only needs to have the mr of the inital unlawful act
