Unlawful Act Manslaughter Flashcards
Definition of unlawful act manslaughter
-an unlawful act which is dangerous, causes the victims death and the dft must have the men’s rea for the unlawful act.
-liable even if did not realise death or serious injury could occur.
What type of manslaughter is UAM? What’s the definition of this?
-involuntary
-unlawful killing where dft doesn’t have the intention either direct or oblique to kill or cause GBH
What is the max sentence for UAM?
-life imprisonment
-court has discretion to impose any punishment
UA: what must the unlawful act be?
-criminal offence not a civil wrong
What is the case for UA must be criminal not civil wrongdoing?
-Franklin
-threw box into Brighton pier, hit swimmer who died, constructive manslaughter must be criminal act eg assault, burglary, arson
UA: the act need not be…
Directed against the victim or any person, can include assisting in taking drugs
Case for need not be directed against the person
-R v Rogers
-Had cider, went to get heroin for both, 2 syringes half full, V injected D with one syringe then injected self. D held belt around arm as tourniquet while injected self. Cardiac arrest and died. Judge said tourniquet was part and parcel of the unlawful act of administering heroin. Appealed - dismissed
UA: what else must the UA be?
-act not an omission
Case for act not an omission
-Lowe: convicted willfully neglecting baby son, causing manslaughter. Judge directed if found guilty of wilful neglect then also guilty MS. COA quashed MS bc wilful neglect is failure to act, must be act not omission
Case for unlawful act in general
Lamb: lamb and friend had revolver, knew had two bullets, 5 chamber cylinder. Thought wouldn’t fire unless the chambers lined up, didn’t know that the chamber moves and lines up when trigger pulled. Pulled trigger and pointed at friend killing him, no unlawful act as not assault as didn’t fear any violence.
What can form the unlawful act?
Examples of offences and the cases
-usually NFO but can be any criminal offence if involves dangerous act likely to cause injury
-Arson: goodfellas
-Criminal damage: DPP v Newbury and Jones
-Burglary: R v Watson
Dangerous: definition from case
-Church: “such that all sober and reasonable people would inevitability recognise must subject the other person t, at least, the risk of some harm resulting therefrom, albeit not serious harm”
-D knocked v unconscious, thought dead so dumped in river. Died from drowning. Judge said to consider course of conduct as one. Convicted MS
Dangerous: the risk only needs to be…
-of some harm
Cases for risk only needs to be of some harm
-Larkin: D threatened man with cut throat razor, mistress was drunk and intervened, fell on blade, cut throat and killed her. Conv for MS upheld as threatening man with razor is assault. Act dangerous as likely to injure someone
-Ball: dispute w neighbour over parking her car on his land. Car disappeared, her and two men went to house, D got shotgun and believed had blank cartridges, fired shot to frighten. Live and she died from injury. Conv MS. Risk of some harm if firing a shotgun.
Dangerous: what does the dangerous act not need to be?
-Aimed at the victim