UAM

Question 1

what is the difference between voluntary and involuntary manslaughter?

Answer 1

• involuntary-d does not intent to kill or cause serious harm-no mens rea for murder
• charge in its own right
• max sentence life imprisonment but discretionary
• two forms of involuntary
  
  • GNM
  • UAM

Question 2

what is the definition of UAM?

Answer 2

where d causes v’s death whilst carrying out criminal act deemed to be dangerous

• need to prove d has committed an act which is:
  
  • unlawful act
  • dangerous act
  • unlawful act is cause of death
  • d had mens rea for unlawful act

Question 3

what is the first step of UAM?

Answer 3

unlawful act

• must be a criminal offence
• (Lamb)-must be a crime
• (Franklin)-civil wrong not enough
• (Lowe)-must be an act-omission not enough

Question 4

what is the second step of UAM?

Answer 4

dangerous act

• objective test
• (Church)-– all sober and reasonable people would recognise it would subject the other person to the risk of some harm
• (Mitchell)-dangerous act does not need to be aimed at victim (TM)
• (R v JM and SM)-sober and reasonable man would only need to foresee the risk of some harm, not necessarily the particular harm suffered
• (Dawson)-risk must be of some harm, not just fear

Question 5

what is the third step of UAM?

Answer 5

causation-unlawful act is cause of death

-(Shohid)-not necessary that unlawful act is only cause

Question 6

what is the fourth step of UAM?

Answer 6

mens rea-for the unlawful act

• need mr for the crime not killing
• (Newbury and Jones)-D does not need to foresee that his act might cause harm to another, or be aware that his act was unlawful, or intend the risk of injury.