Questão | Responda |
R v Franklin 1883 | D threw a large box into the sea and it hit a swimmer and killed him. The unlawful act must constitute a criminal offence |
R v Lamb 1967 | 2 boys were playing with a revolver that they thought was unloaded. The D shot the V. No unlawful act manslaughter as there was no unlawful act, i.e. there was no assault as the D did not fear due to messing about. |
R v Lowe 1973 | The D neglected his baby son and the son died. The unlawful neglect involved a failure to act. |
R v Church 1966 | During sex, the V laughed at the D & mocked him. The D got angry & hit the V, knocking her out. In a panic after thinking she was dead, the D wrapped her body up & threw her in the river. 'The unlawful act must be such as all sober & reasonable people would recognise the risk of some harm. |
R v Dawson 1985 | The D planned to rob a petrol station. The cashier has heart disease. During the robbery the V sounded the alarm and the D fled. Subsequently, the V died of a heart attack soon after. Conviction was quashed, Ds actions would not be considered dangerous to a reasonable man. |
R v Watson 1989 | The D broke into an 87 year old's house. The V woke up and went to investigate. The V suffered a heart attack 90 minutes afterwards. Quashed when it could not be established what actually triggered the heart attack. CoA held that the Ds actions were dangerous taking into account the V's age. |
R v Larkin 1943 | D threatened a man with a cut throat razor. The drunken V became anxious and begun screaming for the D to let go of the man, then she tripped and slit her throat on the razor. D was convicted as his act was dangerous and there was some risk of harm. |
R v Mitchell 1983 | D tried to jump in a queue and was confronted by an old man who he punched. The old man fell back into an old woman and she broke her leg. A few days later she died due to her injuries. Convicted of manslaughter, transferred malice. His actions were dangerous. |
R v Goodfellow 1986 | The D has been harassed in his estate and set fire to his house, hoping to get moved onto another estate. The fire went out of control and his wife, son and his son's girlfriend died. Convicted of manslaughter, actions were dangerous. |
Shohid 2003 | The D was apart of a group who attacked 2 Vs. They forced the Vs onto a railway line and prevented them from getting back on to the platform. One of the Vs escaped and got back on to the platform but the other V died when struck by a train. |
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