UNLAWFUL ACT MANSLAUGHTER Flashcards
(13 cards)
What must be proven for UAM?
Unlawful act, dangerous act, the act caused death and the D had the sufficient mens Rea for the unlawful act
What must be required of an unlawful act?
Must be criminal act not a civil wrongdoing ( R v Franklin)
R v Lamb
No unlawful act committed as no fear therefore no assault
What case outlines the objective test for a dangerous act?
R v Church
What is the objective test?
A reasonable and sober person realises the risk of some harm ( R v JM and SM)
R v Dawson
Some harm can be classed as physical harm
R v Larkin
Defendant unaware of risk however still liable
R v Watson
A dangerous act becomes a dangerous when special considerations are apparent
What must be satisfied for an act causing death
Factual causation (Pagett)
R v Williams and Davis
A break in the chain of causation means no liability for unlawful act manslaughter
R v Kennedy
An interviening act breaks the chain of causation meaning no liability
What is the mens rea of unlawful act manslaughter?
Mens rea for the unlawful act is enough but it is not required for the D to understand it is dangerous
DPP V Newbury and Jones
HOL ruled that it was not necessary for the D to foresee any harm from their act
