Unit 3 LAW03 - Criminal Law or Contract Law (LAW7162)
Other
Criminal Law:Unlawful Act Manslaughter Mind Map
15 views 0 purchase
Course
Unit 3 LAW03 - Criminal Law or Contract Law (LAW7162)
Institution
AQA
All of my law documents uploaded follow the AQA specification and are of A/A* quality. This mind map gives an overview of the elements of unlawful act manslaughter in criminal law.
Involuntary Manslaughter: Where the defendant does not intend to kill the victim from their actions or decisions.
AG Reference No 3 of 1994 Explanation
(1997): The Four Elements
Unlawful Act Unlawful Act: Assault, Battery or s20
R v Franklin (1883): The act must be criminal, a civil act is not sufficient.
R v Lamb (1967): The act must be positive an omission is not sufficient.
The D had the necessary Mens DPP v Newbury and Jones (1976): Only the mens rea for the unlawful act is needed and the
Rea for the Unlawful Act defendant does not need to foresee death or even a risk of death from these actions.
The Unlawful Act must be R v Church (1966): All sober and reasonable people would inevitably recognise must subject the
Dangerous other person to, at least, the risk of some harm resulting there from, albeit not serious harm.
R v Dawson (1985); Watson (1989): When seeing whether there was a risk of harm the jury must
possess the knowledge that the D had or should have had at the time of the offence.
The Unlawful and Dangerous Causation is proving the link between the defendants actions and the consequences.
Act caused the Death
> Factual Causation: But for test (R v White 1910).
> Novus Actus Interveniens:
● Third Party Actions (R v Jordan 1956): Were the D’s actions so potent that it renders the
third party’s actions insignificant.
● Victims Own Actions (R v Kennedy 2007/R v Cato 1976): Are V’s actions daft and
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 leej93815. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $5.84. You're not tied to anything after your purchase.
