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Lecture notes

homocide - manslaughter

Notes on manslaughter based on lecture materials. includes unlawful acts manslaughter, unlawful act manslaughter and reckless manslaughter and the tests for these as well as key cases and case facts. presented in a colourful format.

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  • May 27, 2022
  • 11
  • 2021/2022
  • Lecture notes
  • Laurene
  • Unknown

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Available practice questions

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Some examples from this set of practice questions

1.

What is another name for constructive manslaughter?

Answer: Unlawful Act Manslaughter (UAM)

2.

Is UAM a result or conduct crime?

Answer: UAM is a result crime

3.

What is the umbrella term for the 3 types of manslaughter

Answer: Involuntary manslaughter

4.

In which case is the legal test for UAM found?

Answer: AG’s Ref (No. 3 of 1994) [1998] AC 245

5.

What is the test for UAM?

Answer: Legal tests: AG’s Ref (No. 3 of 1994) [1998] AC 245. š- D committed an unlawful act. š- The unlawful act must also have been dangerous. š- An unlawful and dangerous act which caused the death of V.

6.

What should the base offence be for an unlawful act?

Answer: The base offence should be the Actus Reus and mens rea of a criminal act NOT a Civil wrong

7.

What is the key case for an unlawful act?

Answer: šR v. Franklin (1883) 15 Cox CC 163;

8.

In which case was it said that the unlawful act must be intrinsically criminal?

Answer: šAndrews v. DPP [1937] AC 576;

9.

Can UAM be committed via and omission?

Answer: No - said in the case of šR v. Lowe [1973] QB 702

10.

What does it mean if the unlawful act must have been dangerous?

Answer: There must have been some risk of physical injury - R v. Carey [2006] Crim LR 842:

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