Unlawful Act Manslaughter

Question 1

How many tests must be satisfied in UAM?

Answer 1

4.

Question 2

What is the first test in UAM?

Answer 2

There must be a positive and unlawful act- a criminal offence not an omission.
(Franklin,Lamb,Larkin) (Goodfellow)

Question 3

What is the second test in UAM?

Answer 3

The unlawful act must be dangerous. This is an objective test where the court consider if a reasonable person would recognise risk of any physical harm. (Dawson, JF and NE, Watson and Church)

Question 4

What is the third test in UAM?

Answer 4

There must be the necessary MR for the unlawful act. There is no need to intend or even foresee any harm.(Newbury and Jones, Goodfellow)

Question 5

What is the fourth test in UAM?

Answer 5

The unlawful act must cause V’s death, so the rules of causation must be satisfied. (Corbett, Kennedy) (White, Pagett, Hughes)

Question 6

What is the test for factual causation?

Answer 6

The “but for” test, where the harm wouldn’t have occurred but for D.
(White, Pagett, Hughes)

Question 7

What is the test for legal causation?

Answer 7

D must be the O+S, significant more than the minimal cause. (Smith, Pagett)

Question 8

[If Relevant] What are the four intervening acts that can break the chain of causation if not reasonably foreseeable?

Answer 8

1- Concerned V’s own act. (Corbett, Roberts and Kennedy)
2- Concerned a third party (Pagett)
3- Medical negligence is an intervening act that usually won’t break the chain of causation unless it’s considered very serious/palpably wrong. (Jordan)
4- If V has a hidden weakness, then D is expected to “take V as he finds them”, under the thin skull rule. (Blaue)