Fatal offences against the person (3.2CRIMINALLAW(FATALOFFENCESAGAINSTTHEPERSON))
Summary
Summary of Unlawful Act Manslaughter - AQA A-Level Law - A3 revision summary of Unlawful Act Manslaughter.
74 views 0 purchase
Course
Fatal offences against the person (3.2CRIMINALLAW(FATALOFFENCESAGAINSTTHEPERSON))
Institution
AQA
Unlawful Act Manslaughter, Involuntary Manslaughter.
A3 revision summary for AQA A-level law. Used to plan/prepare for exam responses, A* grade revision summaries. Clearly defining step by step the law of Unlawful Act Manslaughter, Including all relevant cases.
Content is accurate as of 23/0...
Fatal offences against the person (3.2CRIMINALLAW(FATALOFFENCESAGAINSTTHEPERSON))
All documents for this subject (4)
Seller
Follow
jakesaville
Content preview
[Unlawful act manslaughter] ❶ The [Unlawful act manslaughter] ❷ Dangerous act) [Dangerous act] ② Church test) The act must be
unlawful act) The baseline act is what The following factors also need to be established: dangerous in the since that the average person
establishes the unlawful act and in when by • The risk of some harm NOT serious harm. would recognise that it would cause some form
doing that unlawful act, It resulted in death (Larkin) of harm to another. This is defined as in the
and the defendant did not possess the MR of • The unlawful act can be aimed at: Church test. (R v church 1966)
murder. The three things that are required to • Another person (Michell)
make up an unlawful act in UAM is: • Property (Goodfellow) R v Church: “A sober and reasonable person
• Conduct must be an act or omission • The fragility of the victim must be conceded. If would realise the risk of some harm from the
(R v Lowe). a sober and reasonable man could recognise defendants actions.”
• Conduct must be a criminal wrong that someone was evidently frail, then its
and not a civil wrong ( R v Lamb). dangerous (R v Watson). But if they couldn't
• The act must be criminal (R v tell, then D isn’t expected to (R v Dawson).
Franklin) This does not interfere with the thin skull rule
as causation is proved secondly.
[Unlawful act manslaughter] ❸ Causation)
The unlawful and dangerous act must cause
death.
• But for test (Pagget)
• D must be the substantial and operative
Involuntary Manslaughter cause of death (Smith).
[Unlawful act manslaughter]
Sentencing) The sentence is Unlawful act Manslaughter
discretionary life sentence.
[Unlawful act manslaughter] Definition) Unlawful act [Unlawful act manslaughter] ❹ Mens Rea)
manslaughter is unlawful killings that full short of murder, because D must have the MR for the unlawful act e.g.
the defendant lacks the necessary mens rea. It is when D kills by an MR for battery or arson. The defendant does
unlawful and dangerous act. The defendant does not have the not need to foresee death or serious harm
mens rea for murder, but does have the mens rea for the unlawful from thus unlawful criminal act. (Newbury
criminal act. The defended does not need to foresee the act nor and Jones)
realise that the act is unlawful or dangerous.
Proven first Proven second
• Using the church • Causation is then
❶ ❷ ❸ ❹ test, dangerous proven next
There Which is Which D must act is proven where factors
must be dangerous caused have the • This test does such as the think
an on an the mens rea not used legal skull rule would
unlawful objective victims for that examples from be considered.
act. test death. unlawful causation.
act
Jake Saville (LVTc2-12/13) 29
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller jakesaville. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $3.87. You're not tied to anything after your purchase.
