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
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