unlawful act manslaughter

Question 1

what is the first step of UAM

Answer 1

there must be an unlawful act
- must be a crime (lamb)
- need not be aimed at V (Martin)

Question 2

can it be an omission

Answer 2

no must be a positive act (Lowe)

Question 3

what is the second part of UAM

Answer 3

the unlawful act must be dangerous
- D doesn’t need to realise the risk of any harm (Newbury and jones)

Question 4

define a dangerous act

Answer 4

an act is dangerous if a sober and reasonable person would’ve recognised that Ds actions subject another person to risk of harm, doesn’t need to be serious harm (church)

Question 5

what is the third step of UAM

Answer 5

the dangerous act must cause death

Question 6

what is causation in UAM

Answer 6

factual- but for Ds unlawful act v would not have died (white)
legal- Ds unlawful act is the substantial cause of vs death (smith)

Question 7

what is the rule on drugs in causing death

Answer 7

• if D injects V with drugs then he is liable for UAM (corion)
• if D supplies drugs to V, but V voluntarily takes them, V has broken the chain of causation on D not liable for UAM (Kennedy)

Question 8

what is the MR of UAM (fourth step)

Answer 8

• D must have the MR of the unlawful act
• D doesn’t need to know that the act is unlawful or dangerous (Newbury and jones)
• D doesn’t need any MR for death

Question 9

what is conclusion for UAM

Answer 9

decide whether D is/isnt liable from scenario