unlawful act manslaughter

Cards (18)

  • there are 4 elements of unlawful act manslaughter
    1. unlawful
    2. dangerous
    3. cause of death
    4. mens rea
  • actus reus - death must be caused by an unlawful act
  • franklin - civil wrong is not enough
  • lowe - must be an act not an omission
  • lamb - pointing a gun is not an assault
  • actus reus - must be dangerous
  • church - if a sober and reasonable person realises the unlawful act might cause some injury then the test is satisfied - doesnt matter that d didnt realise the risk
  • larkin - act must be dangerous and doesnt need to be aimed at the victim
  • mitchell - act must be dangerous and doesnt need to be aimed at the victim
  • goodfellow - unlawful act can be aimed at a property
  • dawson/watson - unlawful act must put v at risk of physical harm
  • actus reus - cause of death
  • factual cause - 'but for' test - paggett
    legal cause - more than minimal - kimsey
    no intervening acts - jordan
  • dalby - self injection can break the chain of causation
  • kennedy - self injection is an intervening act
  • mens rea - d doesnt need to foresee death/injury
    also must have the mens rea for the other crime e.g theft mens rea
  • newbury and jones - dont need to foresee harm - just need the mens rea