Involuntary Manslaughter - Unlawful Act Manslaughter

Question 1

What is unlawful act manslaughter

Answer 1

• D does not have intent to kill
  carries a discretionary life sentence

Question 2

What are the four key elements of UAM

Answer 2

1) D committed unlawful act
2) Dangerous on objective test
3) Cause death
4) MR required for unlawful act

Question 3

What is 1) Unlawful act

Answer 3

• Must be a criminal offence (R v Franklin) tort is not enough
• Must be an act, omission is not enough

Question 4

Define 2) Dangerous act - objctive

Answer 4

Judged objectively - Jurys opinion
R v Church - “all sober and reasonable people would recognise at least the risk of some harm”
- Risk only needs to be that of some harm
- R v Larkin, no need to be aimed at specific victim if a different one is injured (transferred malice)
- Fear or apprehension is not enough

Question 5

What does R v Dawson say about
dangerous act

Answer 5

• Hearattack, unreasonable to forcee heart attack as ending
• If aware of condition, R v Watson

Question 6

Explain 3) Cause death

Answer 6

Chain of causation must be proven/ a novus acts intervenious

Question 7

Drug cases when it comes to 3) cause death

Answer 7

R v Cato - D injected V - Guilty of UAM
R v Dalby - D gave V syringe, V injected self - not guilty of UAM

Question 8

Explain 4) MR for unlawful act

Answer 8

• Prosecution will prove MR,
  d does not need to realise the act is unlawful/dangerous R v Newbury and Jones