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Criminal law
Unlawful act manslaughter
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Cards (12)
Unlawful act manslaughter is a form of
involuntary manslaughter
, meaning there was
no MR to kill the V
Unlawful act ms is
where the D commits a
crime
,
which was
dangerous
,
and in the
course
of this someone
dies.
The first rule is that there was an
unlawful act
(crime) for instance, arson, robbery.
The case for rule one is
R V Larkin
The second rule to consider is that it was
obviously dangerous
Obviously dangerous means that the question is would a
sober
,
reasonable
person realise their act would subject the V to risk of harm
The case for rule 2 is R V
Goodfellow
The 3'rd rule is that this
must cause the death
The third rule means that both
factual
and
legal
causation
need to be met
The case for the 3rd rule is
R V Carey
The final rule is that there must be the
MR
for the
unlawful act
The case for the final rule is
R V Lamb