Unlawful Act Manslaughter Flashcards
1
Q
Omission is not enough, must be an act
A
R v Stone & Dobinson
2
Q
act must be criminal, not civil
A
R v Franklin
3
Q
Act must be complete (AR & MR)
A
R v Lamb
4
Q
D only needs MR of unlawful act, not death
A
DPP v Newbury & Jones
5
Q
If D has MR to one person but AR on another then it’s transferred malice
A
Mitchell
6
Q
Factual causation
A
Pagett
7
Q
Legal causation
A
Smith
8
Q
Act of victim
A
Williams
9
Q
Act of third party
A
Jordan
10
Q
Thin skull rule
A
R v Blaue
11
Q
Self neglect doesn’t break chain
A
R v Dear
12
Q
Act is dangerous if sober and reasonable person would realise a risk of physical harm
A
R v Church
13
Q
Must be risk of physical harm not emotional harm
A
R v Dawson
14
Q
Any knowledge gained in the unlawful act is known by the reasonable person
A
R v Watson
15
Q
Don’t need to foresee specific harm
A
R v JM & SM
