UDAM- Flashcards
Background information for UDAM?
- Needs an act cannot just be an omission
- An OFFENCE.
- involuntary manslaughter
- Discressionary life sentence
What two offences makes up involuntary manslaughter?
- UDAM.
- GNM
What is the actus reus of UDAM?
- An act
- That is unlawful
- Dangerous
What is the mens rea of UDAM?
- The MR of the chosen unlawful act.
- No need for the D to foresee the death or the serious injury. (DPP V Newbury and Jones)
What is UDAM also known as?
-Constructive manslaughter
What is the structure of UDAM?`
1- Positive act (not an omission).
2-Unlawful act (pick the act).
3-Dangerous.
4-More than minimal and trivial.
What case references the positive act?
R V Lowe.
What does it mean by an unlawful act?
-Must be criminal and not tortious.
Which case helped define that the act must be criminal?
R V Franklin (1833)
- No criminal act, so cannot lead to a conviction.
- Threw a stone off a pier, didn’t know anyone was there, hit them and they died
Which case defined a dangerous act?
R V Church.
R V Church?
If all sober reasonable people would inevitably realise some harm- al beit serious harm could happen
-Purely subjective, D’s own knowledge is irrelevant.
Which cases reference a dangerous act?
R V Dawson
R V Watson
R V Ball
R V Kennedy
R V Dawson
- Corner shop with gun.
- 60-year-old man cashier died of a heart attack.
the sensible reasonable bystander would have not been aware of his condition.
R V Watson
- Confrontation between D and V and V died of a heart attack 90 mins later (he was eighty-seven).
- CA held the burglary was dangerous, the D was found not guilty because of causation.
R V Ball (Ballz)
Real bullets and blanks, wanted to scare his neighbour but shot him and he died.
-Reasonable person/ objective test- not what the D knew.
R v HM Coroner for Inner London [1998])
-Does the unlawful act cause the death?
Causation
‘but for’ R V White.
DPP V Newbury and Jones?
No need for the D to foresee the death or the serious injury
What type of offence is UDAM?
A common law offence.
How should i talk about UDAM?
- Intro
- Positive act.
- Unlawful act.
- Dangerous
- Causation
- MR of chosen act.
- DPP V Newbury and Jones.
What is the MR of assault?
The intention or recklessness as to cause the cause the V to apprehend immediate unlawful physical violence.
What is the AR of assault?
The D must cause the V to apprehend immediate unlawful physical violence.
