Involuntary Manslaughter- unlawful act Flashcards Preview

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Flashcards in Involuntary Manslaughter- unlawful act Deck (25)
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1

Three types of invol

Unlawful act
Gross negligence
Reckless

2

Unlawful act also known as

Constructive

3

Maximum sentence for invol

Life imprsionment

4

The death must be caused by an

Unlawful act and must be criminal offence

5

Unlawful act -

Franklin

D threw a large box into the sea the box hit and killed v who was swimming. Held that death must be caused by an unlawful act a civil wrong isn’t enough

6

Unlawful act

Lamb

Boys playing with a revolver didn’t think it would fire he pointed it at friend shot it and killed him. Conviction quashed as there was no unlawful act as V didn’t think it would fire he wasn’t threatened

7

Can a unlawful act be done by an omission

No as stated in lowe

8

Unlawful act-

Lowe

Child died from neglect from parents. Conviction quashed as an omission can’t create liability must be a criminal act

9

Unlawful act-

Church

Held an act which all sober and reasonable people would realise would subject V to at least some harm
The harm doesn’t need to be serious. If a sober and reasonable person realised the unlawful act may cause some injury then this part of the test is satisfied. d themselves don’t have to foresee harm

10

A02 of church

Precedent from 1966 which hasn’t been altered

11

Unlawful act must be dangerous -

Larkin

D waved a razor around to frighten his mistresses lover. He claimed his mistress who was dunk fell into the blade and killed her as it cut her throat. The assault to the man was a dangerous act which a sober and reasonable person would notice

12

D must cause the death as stated in

Lewis

13

Lewis

D was driving home when students were crossing the road one bit the car. D got out and pushed the women. Her brother intervened and ran off and D ran after him and V hit another car and died

14

Unlawful act-

Does the act need to be aimed at V

No as seen in Larkin and Mitchel

15

Mitchell

D tried to jump queue in post office. Another man objected and d hit him causing him to fall against people including a old women who fell and died a few days later. No requirement for the unlawful act to be directed at V

16

Unlawful act-

Does the act even need to be aimed at a person

No can be aimed at property as seen in goodfellow

17

Goodfellow

D wished to move from his council house but couldn’t so he set fire to it. His wife son and another women died in the fire. Developed AR to include property

18

Is it necessary for the sober reasonable perosn to foresee the harm caused or just some harm

Just some harm as seen in JM and SM

19

Unlawful act-

JM And SM

After being taken out a club D wished to renter and had argument with security. Security had heart attack and died the sober and reasonable person Just foresee some harm but not harm caused

20

Unlawful act-

Cato

D injected V with her ion several times at Vs request. The intox caused Vs respiratory failure d was convicted

21

Unlawful act-

In drugs cases what are the two points to be considered

Whethe D did an unlawful act

Whether D caused V’s death or the self injection is an intervening act

22

Unlawful act-

Dalby

D shied V with controlled drugs V injected himself and died. Conviction quashed as although the supplying drug was an unlawful act the injecting was the cause of death so chain broke

23

Unlawful act

Kennedy

V asked D to supply him with herion, D filled a syringe and gave it to V who injected him self and died. Two appeals to the cofa were unsuccessful and then HofL quashed it as it wasn’t the cause of death the injecting broke the chain

24

Unlawful act-
Must be proved that D had the MR for the unlawful act but not necessary for D to realise it was unlawful or dangerous as seen in

Newbury and Jones

25

Unlawful act -

Newbury and Jones

Young boys through a pavement slab off a bridge and killed a train driver . HofL confirmed D doesn’t have to foresee that harm will result from his action