Involuntary Manslaughter: (Unlawful Act)

Question 1

4 tests

Answer 1

1. He has commuted an unlawful act
2. The act was dangerous
3. It caused V’s death
4. Men’s rea for original act

Question 2

Lowe

Answer 2

UAM can never be commuted by omission

Question 3

Two friends were playing with a revolver they were uninformed on how to work. D believed the revolver would not fire due to the position of the cylinder not realising it would rotate once.

Answer 3

Lamb - D had not done an unlawful act as pointing a gun at the unthreatened V was not an a assault.

Question 4

D had a violent argument with V about his inability sexually. He knocked her unconscious, believed her dead and threw her into a river where she drowned

Answer 4

Church - Committed an unlawful act as some harm could have occurred reasonably.

Question 5

D pushes into a queue and punched a man who argued. The man fell into V who died from falling down

Answer 5

Mitchell - D convicted of UAM as he unlawfully punched the man (likely to cause harm)

Question 6

Drug related causation

Answer 6

Kennedy - D gives syringe to V full of heroin. D was convicted but the appeal was successful. Chain broken if D does not physically inject V

Question 7

Two boys threw stone slabs into a train. Slab went through a window and killed a guard.

Answer 7

Newbury and Jones - Reasonable adult would foresee some risk of harm.