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Unlawful Act Manslaughter (Unlawful Act (AR for ulterior offences (Battery…
Unlawful Act Manslaughter
Unlawful Act
Actus Reus of the offence
Must be a criminal offence not merely a breach of civil law (Franklin)
All elements of the offence must be established (Lamb; Arobeike)
The offence must be committed through a voluntary act not an omission (Lowe; Khan and Khan)
D's conduct must be unlawful in itself not unlawful not unlawful because of D's actions (Andrews)
The offence does not need to be directed at a particular person (Goodfellow; Mitchell)
Offence must be identified by the prosecution (Jennings)
AR for ulterior offences
Battery = Collins v Wilcock; Haystead
Assault = Constanza; Ireland; Lamb; Light; Ramos; Smith v Woking
S.47 = Chan-Fook
S.20 = JCC v Eisenhower; Smith v Saunders
Dangerous Act
Church Test states that there must be an obvious risk of harm due to the defendant's actions to a reasonable person
Objective test so the defendant doesn't have to have realised the risk (Newbury and Jones; F and E)
Newbury and Jones confirmed the Church test
The RM has the same knowledge as the defendant (Dawson; Watson; Carey)
Objective test not subjective (F and E)
Transferred malice (Goodfellow; Mitchell)
Causation
Factual Test
'But for' test
White; Pagett
Legal Test
De Minimis Principal (Kimsey)
Interventing Acts
Acts of the Victim (Roberts; Holland)
Acts of a Third Person (Smith; Cheshire; Jordan)
Act of God
Thin Skull Rule (Blaue)
Mens Rea
Mens rea for the UAM is the mens rea for the unlawful act
MR for offences
Battery = intention or recklessness as to applying unlawful force (Mohan; Cunningham)
Assault = intention or recklessness as to causing the victim to apprehend immediate unlawful violence (Mohan; Cunningham)
S.47 = MR for ulterior offence (Savage)
S.20 = intention or recklessness as to whether some harm may occur (Mowatt; DPP v A)
Criminal damage = intention or recklessness (Mohan; Cunningham)
Never use S.18 as it gives the MR for murder