1B - Involuntary Manslaughter- Unlawful Act Manslaughter

Question 1

A1. What is the first step for proving UAM?

Answer 1

D must do an unlawful act (criminal offence)

Question 2

A2. What does does the case of Franklin state?

Answer 2

• A civil wrong isn’t enough to create liability

Question 3

A3. What does the case of Lamb show?

Answer 3

• It must be a criminal offense

In this case, the D did not do an unlawful act as pointing a gun at a friend is not assault, it failed as V didn’t fear violence

Question 4

A4. What does R v Lowe state?

Answer 4

It must be an act, an omission isn’t enough

Question 5

B1. What is the second step for proving UAM?

Answer 5

This act must be dangerous on objective test

Question 6

B2. What does the case of Church state?

Answer 6

The objective test - viewpoint of the sober and reasonable person seeing risk of harm

Question 7

B3. What does the case of Dawson show.

Answer 7

The risk refers to physical harm. Something which causes fear and apprehension is not sufficient.

Question 8

B4. What does the case of JM and SM state?

Answer 8

Do not need to foresee a particular type of harm, just some harm

Question 9

B5. What does the case of Larkin state?

Answer 9

Act need not be aimed at the V

Question 10

B6. What does the case of Goodfellow show?

Answer 10

Act can be aimed at a person, not just a person

Question 11

C1. What is the third step for proving UAM?

Answer 11

Act must cause death (Causation)

Mention any Intervening Act

Question 12

C2. Cases to back of causation of death

Answer 12

BENGE - Unlawful and dangerous act need not be the sole cause of death so long as it’s not trivial

CATO - D injected V - Involuntary Act
DALBY - V injected V - (VOA)

Question 13

D1. What is the fourth step for proving UAM?

Answer 13

• D must have MR for an unlawful act
• Newbury and Jones - They DON’T have to realize it’s unlawful/dangerous
• Direct intention - Mohan
• Indirect intention - Woolin
• Recklessness - Cunningham