1B - Involuntary Manslaughter - Unlawful Act Manslaughter

Question 1

What is the first step for proving UAM?

Answer 1

The D must do the unlawful act

Question 2

What is the second step for proving UAM?

Answer 2

This act must be dangerous

Question 3

What is the third step for proving UAM?

Answer 3

Act must be the cause of death

Question 4

What is the fourth step for proving UAM?

Answer 4

D must have the mens rea for the unlawful act (not for killing) but they don’t have to realise the act is unlawful/dangerous

Question 5

Step 1. D must do the unlawful act

Answer 5

• It must be a criminal offence - R v Lamb (failed as V didn’t fear violence)
• Prosecution has to prove the actus reus of assault/battery/ABH/s.20 GBH/theft/robbery/burglary
• A civil wrong isn’t enough - Franklin
• It must be an act, an omission isn’t enough - Lowe

Question 6

Step 2. This act must be dangerous

Answer 6

• objective test - viewpoint of the sober and reasonable person - Church
• risk of some harm - Larkin
• Do not need to foresee a particular type of harm, just some harm - JM and SM
• This act can also be directed at another - Larkin/Mitchell*
• The act doesn’t need to be directed at a person - Goodfellow*
• It can be shock but not ‘mere emotional disturbance’ - Dawson*
• If the reasonable person would have foreseen the harm (eg. due to fragility) - then they are liable - Watson*
• If unlawful act not normally dangerous but carried out in a way that it becomes so, eg. burglary, then can form basis of UAM if somebody dies - Bristow, Dunn and Delay

Question 7

Step 2. This act must be dangerous - what does the test show?

Answer 7

(Church) the sober and reasonable person would foresee the D’s act would subject a risk of some physical harm to another (JM and SM). It does have to be the specific harm suffered and it must be more than mere emotional disturbance (Dawson)

Question 8

Step 3. Act must be the cause of death

Answer 8

• Rules of causation apply here
• Unlawful and dangerous act need not be the sole cause of death so long as it’s not trivial - Shohid/Carey
• Self-injection of drugs will break the chain of causation - R v Cato/R v Dalby/R v Kennedy

Question 9

Step 4. D must have the mens rea for the unlawful act

Answer 9

• They don’t have to realise the act is unlawful or dangerous - Newbury and Jones
• Direct intention - Mohan
• Indirect intention - Woolin
• recklessness - Cunningham