UAM

Question 1

1) Intro

Answer 1

• D doesn’t have malice aforethought (intent to kill or cause GBH) & so may be guilty of involuntary manslaughter.
• Here it’s unlawful act manslaughter (UAM) in relation to V’s death.

Question 2

2) First element

Answer 2

• Firstly for UAM, there must be an unlawful criminal act.
• In Lamb, there was no unlawful act as an assault wasn’t committed.
• An omission isn’t enough for UAM (Lowe).
• It cannot be a civil wrong (Franklin).

*Apply - choose assault or battery + AR of offence + leading case.

Question 3

3) Second element

Answer 3

• Secondly, the unlawful act must be objectively dangerous.
• In Church, the test for dangerousness was outlined as ‘all sober and reasonable people would inevitably recognise must subject the other person to the risk of some harm, albeit not serious harm’.

Question 4

4) Third element

Answer 4

Thirdly, the unlawful act must cause death.

*Causation

Question 5

5) Fourth element

Answer 5

• Lastly, D only needs MR for the original unlawful act, and need not have intend or foreseen the risk of death.
• MR of assault/battery.

Question 6

6) Conclusion

Answer 6

As all the elements of UAM are potentially satisfied, D would be found guilty and sentenced at the discretion of the judge up to a maximum of life imprisonment.