Unlawful act manslaughter

Question 1

What is the D of UAM?

Answer 1

D commits an unlawful act which caused V’s death but the mens rea for murder is not present

Question 2

What is Stage 1 of UAM?

Answer 2

D must commit an unlawful act, e.g. an assault or battery

Question 3

Which case held the unlawful act must be a positive act, not an omission?

Answer 3

Khan & Khan

Question 4

Khav v Khan

Answer 4

the unlawful act must be a positive act, not an omission

Question 5

What was held in Mitchell?

Answer 5

The unlawful act can be an indirect act, and consider transferred malice

Question 6

The unlawful act can be an indirect act, and consider transferred malice

Answer 6

Mitchell

Question 7

What is Stage 2 of UAM?

Answer 7

The unlawful act must carry a risk of harm

Question 8

DPP v Newbury & Jones

Answer 8

D does not need to be aware of the risk of harm as long as a sober and reasonable person would

Question 9

D does not need to be aware of the risk of harm as long as a sober and reasonable person would

Answer 9

DPP v Newbury & Jones

Question 10

Which case established the objective test for risk of harm?

Answer 10

Church

Question 11

Church

Answer 11

established the objective test for risk of harm

Question 12

What is Stage 3 of UAM?

Answer 12

The unlawful act must cause the death

Question 13

What was established in Kennedy?

Answer 13

If D supplies heroin and V self-injects, D will not be liable for the death of as the chain of causation is broken

Question 14

If D supplies heroin and V self-injects, D will not be liable for the death of as the chain of causation is broken

Answer 14

Kennedy

Question 15

What is Stage 4 of UAM?

Answer 15

D must have the mens rea for the unlawful act

Question 16

Which case established the rule that D must have the MR for the lesser unlawful act?

Answer 16

Goodfellow

Question 17

Goodfellow

Answer 17

D must have the MR for the lesser unlawful act