Unlawful Act Manslaughter

Question 1

Where is unlawful act manslaughter contained

Answer 1

Common law

Question 2

Is UAM a indictable, TEW or summary offence?

Answer 2

Indictable- max sentence of life

Question 3

What are the 4 elements of UAM

Answer 3

• must be an initial unlawful act
• act must be dangerous
• cause death of V
• must prove MR of initial unlawful act

Question 4

What is not enough for an unlawful act, use a case

Answer 4

A civil wrongful (franklin)

Question 5

What does the case of lamb say

Answer 5

He wasn’t found guilty of UAM as there was no initial act, even though he was the factual/legal cause of death

Question 6

What will not suffice an unlawful act, use a case

Answer 6

An omission (Lowe)

Question 7

What does the case of good fellow say

Answer 7

The initial unlawful act doesnt have to be aimed at a person, for example an offence agisnt the property satisfies UAM

Question 8

What type of test is the dangerousness test

Answer 8

Objective

Question 9

What is the test for dangerousness and what case establishes this

Answer 9

Church- would the RM foresee risk of some harm in the circumstance

Question 10

What do the RM and the D have the same of, use a case

Answer 10

Same knowledge (Dawson)

Question 11

What does the case of R v Larkin say

Answer 11

The dangerous act doesn’t need to be aimed at or be dangerous to the ultimate victim

Question 12

What does the case of R v JM and SM say

Answer 12

There is no requirement that the RM should foresee the specific type of harm that the v suffers as a result of the unlawful act

Question 13

For causes death of the V, what must be proven

Answer 13

Factual and legal cause

Question 14

Whats the NAI just for unlawful act manslaughter

Answer 14

Where the V self injects drugs given to them from the drug dealer

Question 15

What happens when the D injects the V

Answer 15

If D injects v but has no intent to kill/cause GBH- guilty of UAM (unlawful act= administering of noxious substance)

Question 16

What will the D be charged under if they have injected the V themself

Answer 16

S23 of the offence against the person act 1861

Question 17

Whats the result of the D preparing the drug and the V self injecting, use a case

Answer 17

D not guilt of UAM as self injection breaks chain (Kennedy- highlights free will of V)

Question 18

If the D has intent to kill/cause GBH, what is the outcome

Answer 18

D charged with murder

Question 19

What case highlights the MR of the initial unlawful act

Answer 19

Newbury and jones

Question 20

what does the case of Newbury and jones say

Answer 20

You don’t need to prove that the D was aware that his acts were unlawful/ that he foresaw harm
Enough that D had MR of initial unlawful act/knew what he was doing was