Involuntary Manslaughter- Unlawful Act Mansalughter (UAM)

Question 1

Explain what Involuntary Manslaughter is.

Answer 1

• An unlawful killing where D doesn’t have MR for murder
• Max sentence is life imprisonment- gives judge discretion to impose a suitable sentence for the circumstances of an offence.
  DON’T EXPLAIN MURDER

Question 2

State what UAM is also known as.

Answer 2

Constructive Manslaughter.

Question 3

State the 4 elements of UAM.

Answer 3

• D committed an unlawful act- a crime
• Act must be objectively dangerous
• Act must cause death
• D must have required MR for unlawful act- but not for murder

Question 4

Explain the first element of UAM: D committed an unlawful act (A crime)

Answer 4

• Death must be caused via unlawful act (must be a criminal offence + a positive act)
• Case: R v Franklin- a civil wronging isn’t enough to create liability for UAM.
• Case: Khan + Khan- shows an omission can’t create liability for UAM- could lead to charge of GNM
• Must identify which unlawful act has taken place- any crim offence can form unlawful act, provided it’s dangerous
• Case: Lamb- shows it must be a completed crim offence.
• Goodfellow- illustrates criminal act can be a property offence.

Question 5

Explain the second element of UAM: Act must be objectively dangerous.

Answer 5

• Case: R v Church- held that risk need only be ‘of some harm’, harm not need be serious
• Average person would’ve recognised it could cause some physical harm to another person + must cause death
• Case: R v Larkin- shows both the need for an unlawful act + for there to be (on an objective viewpoint) the risk of harm.
• Case: R v Mitchell- shows unlawful act need not be aimed at V
• Case: R v J M + S M (2012)- must be a risk of some harm, not the particular type of harm that lead to death + a reasonable person would foresee this.
• R v Dawson- shows fear can trigger shock, leading to a heart attack- D liable
• R v Watson- where a reasonable person is aware of V’s risk of physical harm, then D’s liable.
• Burglary (unlawful act) not usually classified as dangerous. Case: R v Bristol, Dunn + Delay (2013)- shows burglary could be carried out in such a way that circumstances of commission make it dangerous.

Question 6

Explain the third element of UAM: Act must cause death.

Answer 6

• Must link original unlawful act to death of V- to do this work through rules on causation
• If there’s an issue with legal causation + possible intervening act, if break chain of causation, D wont be guilty
• Case: R v Kennedy- If V’s supplied with drugs + takes them by themself it’s not UAM as V had free will + made decision (intervening act breaks chain)
• Case: R v Cato- If D administrates drug to V, will be UAM

Question 7

Explain the fourth element of UAM: D must have required MR for unlawful act.

Answer 7

• Case: DPP v Newbury + Jones- decided D just had one have MR for unlawful act + that D didn’t have to foresee any harm from the act.