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Cases
Criminal
Unlawful act Manslaughter
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Created by
charlotte brown
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Cards (13)
The death must be caused by an unlawful act, a civil wrong is not sufficient.
Lamb
The AR must also be a positive act not an omission
Lowe
The AR could include: assault
Mitchell
The AR could include: arson
Goodfellow
The AR could include: burglary
Watson
The AR could include: criminal damage
Newbury and Jones
The act doesnt need to be aimed at the V
Larkin
The act can be aimed at property
Goodfellow
The dangerous act is judged objectively using...
The
Church
test
The harm must be enough that a reasonable, sober person would foresee some harm but not necessarily the actual harm that occurred
JM v SM
Harm refers to physical harm not something that causes fear and apprehension
Dawson
,
Watson
[no interviening acts] creates the issue of free will if the V self-administers drugs
Kennedy
It is not necessary for the D to realise the act was dangerous
Newbury and Jones