UNLAWFUL ACT MANSLAUGHTER Flashcards
(11 cards)
What is the first element for D to be liable for unlawful act manslaughter?
There must be a positive and unlawful act - a criminal offence -franklin, larkin, lamb and not an omission - lowe
What is the second element for D to be liable for unlawful act manslaughter?
The unlawful act must be dangerous—> an objective test Bristow, JM & SM
the court will consider whether the reasonable person would recognise a risk of some physical harm not necessarily the harm which results to death —> Dawson, JF & NE, Watson and church
What is the third element for D to be liable for unlawful act manslaughter?
There must be the necessary mens rea for the unlawful act
no need to intend of foresee any harm —> Newbury & jones, Goodfellow
What is the fourth element for D to be liable for unlawful act manslaughter?
The unlawful act must cause the victim’s death
rules on causation must be satisfied —> Corbett, Kennedy
What is the test for factual causation?
unlawful act manslaughter
‘but for’ test—>white,pagett,hughes
What constitutes the legal cause of death?
D hitting V was probably the legal cause of death as it was the operating and substantial cause, significant more than minimal cause —> smith, pagett
What can break the chain of causation in unlawful act manslaughter?
A novus actus interveniens (intervening act) can break the chain if it was not reasonably foreseeable.
what do the cases of Corbett, Roberts and Kennedy concern in the chain of causation
concerns victims own act
what does the cases of Pagett concern in the chain of causation
concerns about the act of a third party
What is the effect of medical negligence on the chain of causation?
Medical negligence usually does not break the chain of causation- Cheshire unless it is considered very serious (‘palpably wrong’- Jordan)
What is the ‘take your victim as you find them’ rule?
If V has a hidden weakness, D is expected to take them as they are under the thin skull rule.
