Involuntary manslaughter - unlawful act manslaughter

Question 1

R v Lamb (1967) - important

Answer 1

The unlawful act manslaughter misy be a criminal, tort is not enough.

Question 2

R v Lowe (1973) - important

Answer 2

The unlawful act for UAM must be an act, an omission is not enough.

Question 3

R v Church (1965) - important

Answer 3

The act for the unlawful ac mist me objectively dangerous, so any reasonable and sober person would recognise the risk ‘some’ harm.

Question 4

R v Goodfellow (1986) - important

Answer 4

The act for UAM can be against property, as long as it is objectively dangerous

Question 5

DPP v Newbury and Jones (1976)

Answer 5

The MR for UAM is just fo the unlawful act being committed (even if just requires recklessness) There is no requirement for D to have foreseen any harm, as the test of dangerousness is objective.

Question 6

R v Goodfellow (1986) - important

Answer 6

Arson is an example of a dangerous unlawful act for the purposes of UAM

Question 7

DPP v Newbury and Jones (1976) - important

Answer 7

Criminal damage is an example of a dangerous act for the purposes of unlawful act manslaughter

Question 8

R v Watson (1989)

Answer 8

Burglary is an example of a dangerous act for the purpose of UAM

Question 9

R v Nica (2021)

Answer 9

confirmed the definition of an objectively dangerous unlawful act via R V CHURCH 1965

Question 10

R v Larkin (1943)

Answer 10

The act for UAM doesn’t need to be aimed at the person who eventually dies (transferred malice)

Question 11

R v JM and SM (2012)

Answer 11

The foreseeability of ‘some harm’ for UAM does not need to be the harm that was eventually done

Question 12

R v Dawson (1985)

Answer 12

To be objectively dangerous, the unlawful act for unlawful act manslaughter myst carry a risk of PHYSICAL harm