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.
