Unlawful Act Manslaughter Flashcards
Where is unlawful act manslaughter contained
Common law
Is UAM a indictable, TEW or summary offence?
Indictable- max sentence of life
What are the 4 elements of UAM
- must be an initial unlawful act
- act must be dangerous
- cause death of V
- must prove MR of initial unlawful act
What is not enough for an unlawful act, use a case
A civil wrongful (franklin)
What does the case of lamb say
He wasn’t found guilty of UAM as there was no initial act, even though he was the factual/legal cause of death
What will not suffice an unlawful act, use a case
An omission (Lowe)
What does the case of good fellow say
The initial unlawful act doesnt have to be aimed at a person, for example an offence agisnt the property satisfies UAM
What type of test is the dangerousness test
Objective
What is the test for dangerousness and what case establishes this
Church- would the RM foresee risk of some harm in the circumstance
What do the RM and the D have the same of, use a case
Same knowledge (Dawson)
What does the case of R v Larkin say
The dangerous act doesn’t need to be aimed at or be dangerous to the ultimate victim
What does the case of R v JM and SM say
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
For causes death of the V, what must be proven
Factual and legal cause
Whats the NAI just for unlawful act manslaughter
Where the V self injects drugs given to them from the drug dealer
What happens when the D injects the V
If D injects v but has no intent to kill/cause GBH- guilty of UAM (unlawful act= administering of noxious substance)
What will the D be charged under if they have injected the V themself
S23 of the offence against the person act 1861
Whats the result of the D preparing the drug and the V self injecting, use a case
D not guilt of UAM as self injection breaks chain (Kennedy- highlights free will of V)
If the D has intent to kill/cause GBH, what is the outcome
D charged with murder
What case highlights the MR of the initial unlawful act
Newbury and jones
what does the case of Newbury and jones say
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
