Involuntary manslaughter UAM

Question 1

What is the other name for UAM

Answer 1

Constructive manslaughter

Question 2

What are the three elements that construct the manslaughter

Answer 2

1. An unlawful act
2. The act must be dangerous
3. The act must cause death

Question 3

Explain the first element (an unlawful act)

Answer 3

It must be a criminal act not a civil wrong (lamb) it also as to be a positive act and not an omission (Khan & Khan)

Question 4

Explain the danger of the act

Answer 4

This is a objective test (church) the question for the jury is weather a reasonable person would see a risk of some harm resulting from the act, the harm has to be more than fear (dawson)

Question 5

Explain the final elemant

Answer 5

The rule of causation are the same factual legal and novus actus interveniens

Question 6

What is the law regarding drug administration

Answer 6

If there is a positive act that leads to death then there is liability for example in Khan vs Khan the victim administered the drugs himself therefore the defendant had no act, but in cato the defendant injected the victim therefore there was a positive act and therefore the defendant was liable of manslaughter.