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15 Cards in this Set
- Front
- Back
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R v Creamer 1966
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Lord Parker CJ: "A man is guilty of involuntary M-ter when he intends an unlawful act and one likely to do harm t d person and death results which was neither foreseen nor intended. It is d accident of death resulting which makes him guilty of M-ter as opposed t sm lesser offence."
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R v Church 1966
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"The unlawful act must be such as all sober and reasonable people would inevitably recognise [as to] subject the other person to, at least, the risk of sm harm resulting from, albeit not serious harm"
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DPP v Newbury and Jones 1976
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Prosecution must prove that D:
intentionally did an act the act in fact was unlawful the act in fact was dangerous the act in fact and in law caused death |
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R v Franklin 1883
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box-pier
Said - civil wrong is not enough |
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R v Cato 1976
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death following an overdose of H administered by D. (s23 OAPA 1861)
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R v Goodfellow 1986
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death following setting up a fire in a flat (arson-s.1[3] Criminal Damage Act 1971
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R v Lamb 1967
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revolver - need at least "technical assault"
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R v Scarlett 1993
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pub owner/client/died - appealed - reasonable force/no intention
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R v Watson 1989
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D burgled a house of a 87-year-old man/died
T b contrasted with Dawson - bystander would not have been aware of the man's heart condition (armed robbery-petrol station) |
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R v Dalby 1982
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drugs-intervining act such as the V self-injecting a drug breaks the chain of causation - ???? R v Kennedy 2005???
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R v Rogers 2003
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But where D helps with the injection - link established.
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R v Larkin 1943
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the risk need only b of sm harm - not serious harm
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MENS REA - DPP V NEWBURRY AND JONES 1977
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D must have mens rea for d unlawful act but it is not necessary to prove that the D foresaw any harm from his act.
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Attorney-General's Reference (no.3 of 1994) [1998] AC 245
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Lord Hope: D must have intended an unlawful act that was also dangerous, and this act caused death
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Law Commission Report 237 - White paper (but no further action)
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Abolition of unlawful act manslaughter.
TWO NEW OFFENCES Reckless killing Killing by gross negligence |
