Unlawful Act Manslaughter Flashcards
(9 cards)
1
Q
Definition of unlawful act manslaughter
A
D commits unlawful act which is dangerous and causes death
2
Q
Case for Act must be a Positive Act
A
Lowe
3
Q
Case for unlawful act must be a crime
A
Lamb
4
Q
Case for crime does not need to be aimed at V
A
Mitchell
5
Q
What is the test for the act being dangerous
A
Objective test (Church)
6
Q
Can the unlawful act lead to fear or being upset.
A
No but it can lead to shock (Dawson)
7
Q
Case for reasonable man should be aware of the risk of harm
A
Watson
8
Q
Case for the fact that the positive act does not need to be the sole cause of death
A
Shohid
9
Q
Does D need to have men’s rea for the unlawful act must+ case
A
Yes (Newbury and Jones)
