Unlawful act manslaughter

Question 1

What is UAM

Answer 1

Where a D has done a dangerous unlawful act which has caused a death. liable even if they did not realise that death or injury may occur

Question 2

mens rea

Answer 2

-Must be proved defendant had mens rea for unlawful act
-Not necessary for defendant to realise the act is unlawful or dangerous. DPP v Newbury and jones

Question 3

Elements of UAM

Answer 3

1. D must do an unlawful act
2. Act must be dangerous on an objective test
3. Act must have caused the death
4. D must have required mens rea for unlawful act

Question 4

Unlawful act

Answer 4

-Death must be caused by unlawful act
-A civil act is not sufficient
-Must be criminal, R v Lamb
-Must be an act, not omission. R v Lowe

Question 5

Examples of unlawful acts that lead to UAM

Answer 5

Arson - R v Goodfellow
Criminal damage - DPP v Newbury and Jones
Burglary - R v Watson

Question 6

Dangerous act

Answer 6

Must be dangerous on an objective test
Test set out in R v Church

Question 7

Dangerous act - Risk

Answer 7

-Risk need only be of ‘some harm’
-If a normal person would have realised the act would cause harm, then this part is satisfied
-Does not matter if D did not realise there was any risk of harm, R v Larkin

Question 8

Some harm

Answer 8

-It Is enough if the sober and reasonable man would foresee some harm, not actual harm that was done.
-R v JM and SM

Question 9

Act against property

Answer 9

Unlawful act need not be aimed at person but also can be times at property. R v Goodfellow

Question 10

Physical harm

Answer 10

Risk of harm refers to physical
- If reasonable person would realise fragility of person then liable, R v Watson

Question 11

Supply of drugs

Answer 11

-If a person administers drugs them-self and then dies, drug dealer not liable as person administered at free will.
-Informed adults are treated to make own decisions on how to act
-R v Kennedy