Invol Manslaughter - UAM Flashcards
What is the other name for Unlawful Act Manslaughter
Constructive Manslaughter
Why is Unlawful Act Manslaughter also called Constructive Manslaughter
Because this type of invol manslaughter is built on a other unlawful offence
What the range of sentencing powers for judges for invol manslaughter
From non-custodial sentences to life imprisonment depending on the situation
It is also based on the judges discretion
How many elements are there for UMA
4
What are the 4 elements of UMA
There must be an unlawful act
It must be dangerous
It must cause death and,
D must have the MR for the unlawful act
What is the first stage of UMA
There must be an unlawful act
What is meant by ‘There must be an unlawful act’ for the first stage of UMA
UMA must be based on a criminal act and not an omission
If cannot establish a criminal act on Ds part = not liable
Which case showed that there was no criminal act so not liable for UMA and involved the trespass off the stolen box (not criminal)
Franklin
Which case involved a mistress falling onto a brandishing blade (assault)
Larkin
Which case showed that because there was no assault as the boy was not scared then D was not liable UMA
Lamb
Which case showed that neglect of a child is an omission and is not classed as a criminal act of UMA
Lowe
Which case argued that Ds presence was not enough to make an assault to built to UMA
Arobieke
Which case showed the even if V consents, the act may still be unlawful
Cato
What is the second stage of UMA
The act must be dangerous on ann objective test
Which case come up with the dangerousness test
Church
What is the dangerousness test
The sober and reasonable man does not have to foresee the exact type of harm that V suffers, but only foresee some harm
Which case showed that only some harm needs to be forseeable and involved two brothers being ejected from a night club by the V (Doorman)
JM and SM
Can the some foreseeable harm be aimed at property and not a person to still be liable
Yes
Which case showed that the unlawful act does not have to be directed at people and involved arson off a house
Goodfellow
What type of harm must it be and who must be able to foresee it
For UAM the type of harm must be physical, causing fear is not enough
The sober and reasonable man but be able to foresee the physical harm
Which case showed that the reasonable and sober man would not have foreseen the heart condition that caused the death (but retrial still found Ds guilty)
Dawson
Which case showed that the reasonable and sober man woud have recognised some physical harm due to the old mans age - ‘frail’
Watson
What is the third stage of UAM
The act must cause the death - causation
What is meant by ‘the act must cause the death’
There must be no novus actus interveniens
D must have caused the death in fact as well as be the significant contribution to the death (does not have to be the sole contribution)
Which case showed that Ds act was the significant cause of death and involved a man jumping the post office queue
Mitchell
Which case showed that the polices ‘robust’ questioning was an intervening act which broke the chain of causation (frail man)
Watson
Which case involved running as the intervening act as this was the substantial cause of death so Ds were not guilty
Carey
Which case showed that self-harm (in this case self-injection) breaks the chain of causation
Kennedy
Which case showed that the chasing of V by D which is classed as an assault caused the Vs death = UAM
Lewis
What is the final stage of UAM
D must have the MR for the unlawful act
What is meant by ‘D must have the MR for the unlawful act’
For UAM to be established, D must have the MR of the original offence (arson, afray, assault…), which in most cases is intent or recklessness
Which case showed that we do not need to foresee any harm or death, just the D had the MR for the unlawful act itself - paving stone killed a train guard
DPP v Newbury and Jones
Which case showed that the AR and MR do not need to coincide for UAM, as long as D had MR at some point is enough - D punched and dragged unconscious body away and later died
Le Brun
