Question: I need advice and help regarding this question. Please use bullet points if possible (or very short explanations) and try to stick to the issues
I need advice and help regarding this question. Please use bullet points if possible (or very short explanations) and try to stick to the issues I've already mentioned. THE ISSUE CANNOT BE WHETHER PETER SMITH'S ACT IS DANGEROUS!
Advise whether Peter Smith's act satisfies the dangerousness test in unlawful act manslaughter in respect of Mr Singh's death
This is the scenario:
We have been contacted by a client, Mr Peter Smith, who is seeking our advice in relation to a charge of manslaughter. I've had a brief conversation with him, and the following is what we know about his case so far: Peter Smith is an unemployed resident in Lawton. As a way of getting some money, he had decided to carry out a robbery at the Lawton Post Office. On Saturday 14th May, he visited the Post Office carrying a knife under his coat. Once inside, he pulled out the knife and loudly demanded that the postmistress hand over all the money in her till, or he would start cutting people. Mr Singh, an elderly man who was waiting in the queue to pick up his pension, witnessed this event and collapsed with a heart attack. He was rushed to hospital but failed to regain consciousness and died 4 hours later. I'm planning to meet with Mr Smith next week. He admits that he 'intended to rob the post office', but claims he is not responsible for the death of Mr Singh.
This is what I have so far:
- Issue 1: Whether the act of robbing the Lawton Post Office with a knife is dangerous.
- Issue 2: Whether the act of loudly demanding that the postmistress hand over the money is dangerous.
- Issue 3: Whether threatening to start cutting people is dangerous.
- Issue 4: Whether carrying a knife under his coat is dangerous.
I'm struggling to expand on my Issues using the IRAC method, please only use the ones I have stated. I need to:
- Pick out 4 facts (issues) from the scenario and decide whether they point away or towards the test of dangerousness being met
- Slam 4 key facts against the test and write whether those facts prove or disprove dangerousness
IRAC
I: simply state the specific legal issue or question
R: explain that specific legal issue and the relevant rules in detail - unlawful act manslaughter only with a focus on the dangerousness test
A: apply the rules to the factual scenario in the question
C: what is the end result?
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