unlawful act manslaughter Flashcards
(26 cards)
What must D commit for Unlawful Act Manslaughter?
D must commit an unlawful act (crime) - Actus Reus.
What is required for the act to be considered dangerous?
The act must be dangerous on an Objective test - Actus Reus.
What must the act cause in Unlawful Act Manslaughter?
The act must cause the death - Actus Reus.
What mens rea is required for the unlawful act?
The D must have the mens rea for the unlawful act (crime).
What is the Church test?
The Church test is an Objective test used to determine if an act is dangerous.
What does the Church test require?
Some harm must be foreseeable - does not have to be aimed at the victim.
What are the types of offences that can be considered a dangerous act?
The act is usually an offence against a person but can be a property offence.
What case effectively used the objective test?
R V Larkin: Objective test used effectively.
What must the jury consider in R V JM and SM?
Jury must convict based on the facts that a reasonable person would know.
Is there a requirement for the act to be directed at the victim?
No requirement that the act was directed at the victim or at a person - R V Goodfellow.
What must the death be caused by?
The death must be caused by an unlawful act which must be a criminal offence.
Can unlawful act manslaughter be committed via omission?
No, it cannot be committed via omission - established in R V Lamb and R V Lowe.
Who must foresee some harm?
Some harm must be foreseeable by a reasonable person, not the defendant.
What is factual causation?
Factual causation is determined by the ‘but for’ test - Thin Skull rule.
What cases illustrate factual causation?
Cases: R V Pagett / R V Blaue.
What is legal causation?
Legal causation requires significant contribution, operative and substantial to the main cause of events.
What case illustrates legal causation?
Case: R V Kinsey Cheshire.
What must acts be in relation to causation?
Acts must be sufficiently independent and serious, which can include acts of the victim, third parties, or naturally occurring events.
What must be proven regarding mens rea?
Mens Rea must be proven that D had the mens rea for the unlawful act.
What should you state when discussing multiple people?
State which one you will discuss first: ‘x could be liable for unlawful act manslaughter for the death of y’.
What is the first question to ask regarding the unlawful act?
What was the unlawful act?
Is it a criminal offence and a positive act? State what the unlawful act is.
What should you determine about the unlawful act?
Was the unlawful act ‘dangerous’?
What harm is foreseeable? Who is the harm aimed at? Is the unlawful act against a person or property?
What is the third step in establishing causation?
Establish Causation
FACTUAL (apply the ‘but for’ test) and LEGAL (what was the ‘operating and substantial’ / de minimis principle) cause of death? Were there any intervening acts or does the ‘thin skull’ rule apply?
What must you determine about the defendant’s state of mind?
Does the D have the MENS REA for the unlawful act?
Must be the MR of the unlawful act. Apply the mens rea of the identified crime.
