Paper 1.10e - Unlawful and Dangerous Act Manslaughter Flashcards
What is the definition of involuntary manslaughter and what are the two types?
Unlawful killing of another human being with no malice aforethought.
UDAM and GNM.
What does UDAM stand for?
Unlawful and Dangerous Acts Manslaughter.
What is the maximum sentence for involuntary manslaughter?
Discretionary life.
What case sets out the 4 elements of UDAM?
Larkin.
What are the four elements of UDAM?
D must commit an unlawful act.
The unlawful act must be dangerous.
The act must cause a death.
D must have the MR of the unlawful act.
What are the 4 conditions for committing an unlawful act under elements one of UDAM? Name any relevant cases.
D must have committed an unlawful act (Lamb).
It must be an act rather than an omission (Lowe).
It must be a criminal offence rather than civil (Franklin).
It can be aimed at property (Goodfellow).
What is the case study for element one of UDAM: ‘d must commit an unlawful act’?
Lamb
Two boys are messing around with an ‘unloaded’ gun when it discharges and kills one of the boys. Since there was no unlawful act by d, there was no UDAM - no assault as there was no violence apprehended.
Element 2 of UDAM states the unlawful act must be dangerous; what is defined as ‘dangerous’? What test is this called?
‘a sober and reasonable person would foresee the risk of some harm albeit not serious harm’ - Church test.
Element 2 of UDAM states that D must foresee some harm with their actions; what does this refer to and what is the case example?
Physical harm, however fear can be included if it is obvious that D is frail.
Dawson - D had a heart attack from a robbery, however robbers could not have known about his heart condition.
ALSO Watson.
What are the three factors in element three of UDAM: ‘the unlawful and dangerous act must cause death’?
Factual causation (White)
Legal causation (Kimsey)
No intervening acts - bad medical care (Jordan), V’s free will (Kennedy), V escaping (Williams) (Roberts).
Under element four of UDAM, to what degree must D have mens rea?
D only needs the mens rea for the unlawful act.
What is the case study for element four of UDAM: ‘d must have mens rea for the unlawful act’?
Newbury and Jones
Ds dropped a paving stone onto a moving train killing a guard. HL convicted the pair of UDAM.
