UDAM

Question 1

Def of UDAM

Answer 1

Unlawful,dangerous act manslaughter is committed when someone commits an unlawful, dangerous act that causes Vs death with intention to commit the unlawful act

Question 2

What must D commit + case

Answer 2

A unlawful positive act which does not include civil wrongdoings or omissions, the offence must be criminal
R V Lamb- there was no assault so no unlawful act

Question 3

What must the act be according to the church test

Answer 3

Dangerous, test states ‘when a reasonable person will recognise the act will cause some harm’

Question 4

Does it need to be foreseeable that serious harm will occur + case

Answer 4

No

R V JM+SM- the court found the sober and reasonable man would forsee some harm from the fight

Question 5

What must D satisfy

Answer 5

All elements of causation
Factual- But for test R V Pagget
Legal- is D a more than minimal cause of the death
Chain of causation can’t be broken

Question 6

What is the MR for UDAM + case

Answer 6

D must have the ME for the original act. In DPP V Newbury and Jones the courts held D does not have to forsee harm from the act or realise it is dangerous