UNLAWFUL ACT MANSLAUGHTER CASES (INVOLUNTARY MS) Flashcards
1
Q
There must be an unlawful act (1 of 3 elements to AR)
A
FRANKLIN
threw box off pier killing swimmer - civil law not sufficient
2
Q
All elements of the unlawful act must be present
A
LAMB -
Two boys playing with revolver - NO UNLAWFUL ACT AS NO ASSAULT
3
Q
THERE ARE NO OMISSIONS - MUST BE AN UNLAWFUL ACT
A
LOWE + KHAN AND KHAN
4
Q
The unlawful act need not be directed at the victim
A
LARKIN
transferred malice
5
Q
The unlawful act must be dangerous (2/3 elements of AR)
A
CHURCH
6
Q
The unlawful act does not have to be directed against a person - can be directed at property
A
Goodfellow
- D set fire to council estate so him and family would be rehoused - fire killed wife, son and other woman - the unlawful act is arson.
7
Q
The unlawful dangerous act must cause the death (3/3 elements of AR)
A
CATO/DALBY
8
Q
Mens rea - must have the mens rea for the unlawful act you have committed
A
DPP v Newbury & Jones
