fatal offences

Subdecks (2)

Cards (40)

  • Involuntary manslaughter
    Unlawful killing without an intention to cause grievous bodily harm or kill the victim. Do not have the mens rea for murder.
  • Unlawful act manslaughter
    1. Actus reus - committed an unlawful act
    2. The act must be dangerous (objective test)
    3. The act must cause the death
    4. Mens rea - D must have the MR that is required for the unlawful act
  • Unlawful act
    Must be a criminal act
  • Unlawful acts
    • Assault (R v Mitchell)
    • Arson (R v Goodfellow)
    • Criminal damage (R v Newbury and Jones)
    • Burglary (R v Watson)
  • Unlawful act
    • Cannot be an omission (R v Lowe)
  • The unlawful act must be considered dangerous. The test for dangerousness was established in R v Church (1967).
  • Dangerousness test

    Objective test in that ordinary reasonable would see a risk of some harm
  • Dangerous acts
    • Threatening with a cut throat razor (R v Larkin)
    • Punching an old man who fell and knocked over another who died (R v Mitchell)
  • Dangerous act - only SOME harm must be foreseeable (R v JM and SM)
  • R v Lamb: 'D was not liable for victim's death as there was no assault - V did not fear any violence. The D had not committed an unlawful act - no UAM.'
  • R v Lowe: 'A finding of wilful neglect is a failure to act and cannot therefore be UAM.'