unlawful act manslaughter Flashcards
stage 1 UAM
There must be an unlawful act which has caused the death of another person
if the act is unlawful but reckless it will not be considered UAM but GNM
(R v Lamb)
actually UAM (R v Cato)
stage 2 UAM
the unlawful act must be a dangerous one
edmund davies LJ “the unlawful act must be such as all sober and reasonable people would inevitably recognise must subject the other person to, at least the risk of some harm resulting therefrom, albeit not serious harm”
transfered malic works (R v Mitchell)
not enough to just frighten (R v Dawson)(R v JM+SM)
stage 3 UAM
the unlawful act must cause the death
legal and factual causation must be proved
does not have to be the sole cause of death but must contribute to it (R v Kennedy)(R v Goodfellow)
mens rea of UAM
mens rea will be that of the unlawful act
(R v Newbury+Jones)