Unlawful act manslaughter Flashcards
(11 cards)
Which case shows that there must be an unlawful act?
R v Lamb
Which case shows that UAM cannot be based on an omission?
R v Lowe
What must the unlawful act be?
Dangerous
What is the test for dangerousness and which case established it?
R v Church - Would the reasonable person foresee some harm (not necessarily serious harm)?
Which case shows that there is no need to foresee the specific type of harm?
R v JM and SM
Which case shows that harm aimed at property is sufficient for UAM?
R v Goodfellow
Which case shows that harm transferred to another victim is sufficient for UAM?
R v Larkin
Which case shows that causing fear is not sufficient?
R v Dawson (heart attack)
What causation principles need to be applied?
Factual and legal and any intervening acts
What is the mens rea?
The defendant must have the mens rea for the unlawful act, not for the death
Which case shows that the defendant doesn’t need to foresee any harm?
R v Newbury and Jones