involantory mansluaghter

Subdecks (1)

Cards (8)

  • lord hope definition: an unlawful act has to be intentionally preformed, the defendant had the mens rea for the act, the unlawful act was dangerous and resulted in death
  • to establish manslaughter the d needs to have commited both: an unlawful act and a dangerous act
  • battery- r v mitchell
    robbery- r v dawson
  • can not be proven through omisson it must be a positive act
  • test for dnagerousnes established in r v church
    • the ordinary perosn would see a risk of some harm
  • no requirement for it to be aimed at a victim- r v mitchell
  • the normal rules for causation apply