Study your flashcards anywhere!

Download the official Cram app for free >

  • Shuffle
    Toggle On
    Toggle Off
  • Alphabetize
    Toggle On
    Toggle Off
  • Front First
    Toggle On
    Toggle Off
  • Both Sides
    Toggle On
    Toggle Off
  • Read
    Toggle On
    Toggle Off

How to study your flashcards.

Right/Left arrow keys: Navigate between flashcards.right arrow keyleft arrow key

Up/Down arrow keys: Flip the card between the front and back.down keyup key

H key: Show hint (3rd side).h key

A key: Read text to speech.a key


Play button


Play button




Click to flip

15 Cards in this Set

  • Front
  • Back
R v Creamer 1966
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."
R v Church 1966
"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"
DPP v Newbury and Jones 1976
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
R v Franklin 1883
Said - civil wrong is not enough
R v Cato 1976
death following an overdose of H administered by D. (s23 OAPA 1861)
R v Goodfellow 1986
death following setting up a fire in a flat (arson-s.1[3] Criminal Damage Act 1971
R v Lamb 1967
revolver - need at least "technical assault"
R v Scarlett 1993
pub owner/client/died - appealed - reasonable force/no intention
R v Watson 1989
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)
R v Dalby 1982
drugs-intervining act such as the V self-injecting a drug breaks the chain of causation - ???? R v Kennedy 2005???
R v Rogers 2003
But where D helps with the injection - link established.
R v Larkin 1943
the risk need only b of sm harm - not serious harm
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.
Attorney-General's Reference (no.3 of 1994) [1998] AC 245
Lord Hope: D must have intended an unlawful act that was also dangerous, and this act caused death
Law Commission Report 237 - White paper (but no further action)
Abolition of unlawful act manslaughter.
Reckless killing
Killing by gross negligence