AR - UAM

• What are the three elements to the AR of Unlawful act manslaughter?

  Act

  Dangerous

  Causation
• What case states that the killing must be a result of the defendant's act not omission?

  Lowe
• What does Lowe say about the killing for the "Act" element?

  Must be as a result of the defendant's act not omission
• What does Franklin state the act must be?

  Unlawful (criminal)
• Which case states the act must be unlawful (criminal)?

  Franklin
• What can the act be directed against?

  Property
• What does Rodgers say the act can be?

  Assisting in the administration of a drug
• Which case states that the act can include assisting in the administration of a drug?

  Rodgers
• What is the first element of the actus of Unlawful act manslaughter?

  Act
• What is the second element of the actus reus of Unlawful act manslaughter?

  Dangerous
• What is the third element of the actus reus of Unlawful act manslaughter?

  Causation
• Act

  The killing must be the result of the defendants act not omission (Lowe)

  It must be unlawful (Franklin)

  Can be directed against property

  Can include assisting in administrating a drug (Rodgers)
• What is the dangerousness test?

  Where all sober and reasonable people would realise it would subject the victim to the risk of physical harm, not necessarily serious harm, whether the defendant realised this or not
• What is irrelevant for the dangerousness test?

  If the defendant had a mistaken belief that what they were doing was not dangerous
• What is the case for the dangerousness test?

  Church
• Dangerous

  Where all sober and reasonable people would realise it would subject the victim to the risk of physical harm, not necessarily serious harm, whether the defendant realised this or not - Irrelevant if the defendant had a mistaken belief that what they were doing was not dangerous (Church)
• Causation

  Normal rules on causation
• What test do we use for the "Dangerous" element?

  Dangerousness test