PAPER 1 UNLAWFUL ACT MANSLAUGHTER

Question 1

when does unlawful act manslaughter occur?

Answer 1

when the defendant commits a dangerous unlawful act which causes the death of the victim.

Question 2

What is the first part of UAM? (Cases too)

Answer 2

Firstly, D must commit a criminal act, a civil wrong is not enough. (Franklin) further the AR of the criminal act must be satisfied (Arobieke)

Question 3

What isn’t sufficient in the first element?

Answer 3

An omission

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Question 4

What is the second element of UAM?

Answer 4

The unlawful act must be dangerous (Church).

Question 5

What type of test is the second element of UAM and explain it. (Case too)

Answer 5

An objective test, so D doesn’t need to realise his act was likely to cause harm as long as it is obvious to the reasonable man. (Dawson).

Question 6

Explain the direction of the second element (case)

Answer 6

Doesn’t have to be directed at the victim and it doesn’t have to be directed at the person (Goodfellow)

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Question 7

What is the third element of UAM?

Answer 7

The unlawful act must be the cause of death.

Question 8

Within the third test, when can D escape liability for manslaughter?

Answer 8

If the chain of causation can’t be established.

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Question 9

What is the MR of UAM?

Answer 9

D must be shown to have the MR for the unlawful act which liability is based. (Lamb)

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