Unlawful Act Manslaughter Flashcards
What is the first stage of the model answer? (1)
D may be guilty of unlawful act manslaughter (UAM) which means D commits an unlawful act which is dangerous and causes death. It comes from common law and carries a maximum life sentence.
In order to be guilty, there are four elements which must be satisfied:
What is the second stage of the model answer? (2)
Firstly, D must have committed an unlawful act committed by a criminal offence, a tort is not sufficient (Franklin). Lamb outlines that D cannot be guilty of UAM if there is no unlawful act. Here, D has committed an x which is a criminal offence. As outlined in Lowe, the act must be a positive act, omission is not sufficient. Here, D committed a positive voluntary act when he…
What cases can be added if relevant?
Larkin - does not need to be aimed at V
Goodfellow - it can be aimed at property
What is the third stage of the model answer? (3)
Secondly, the unlawful act must be dangerous. This is an objective test from Church, a reasonable and sober man should see the unlawful act as likely to cause risk of some harm. This harm need not be serious. Here, D satisfies the Church test because the sober and reasonable man would recognise that (explain how act D committed could have caused some harm to V).
What is the paragraph for if the unlawful act is an assault? (only if relevant)
Dawson identifies that risk of harm refers to physical harm , fear and apprehension are not sufficient, however, if the characteristics of V means that a reasonable man would be aware of the risk of physical harm from fear then D can still be guilty (Watson).
Here, the act was still dangerous because..
What is the fourth stage of the model answer? (4)
The unlawful act must cause death. Apply factual and legal causation, but for D would not have died etc.
Also consider intervening acts.
What are the intervening acts?
Roberts - victim’s own actions unreasonable
Jordan - palpably wrong medical negligence
Cheshire - 3rd party actions outweigh D
What is the fifth stage of the model answer? (5)
Fourthly, it must be proven that the Defendant had the MR of the unlawful act. Newbury and Jones made it clear that it is not necessary for the defendant to have intention to cause harm, or even realise that the act is unlawful or dangerous. Here, D only needs the men’s rea for his unlawful act of X. He has the mens rea for this as (satisfy MR of unlawful act)
State the structure of this model answer.
5 stages in order.
