unlawful act manslaughter

Question 1

unlawful act manslaughter

Answer 1

Unlawful act manslaughter is committed when the defendant has done an unlawful and dangerous act which causes death of a human being under the King’s peace.

Question 2

elements of UAM

Answer 2

A. The defendant must have done an unlawful act. - cannot be omission (R v Lowe)

B. The defendant’s unlawful act must also be dangerous.- The unlawful act was dangerous if all sober and reasonable people in D’s position would have foreseen that it must subject the other persons to the risk of some harm, albeit not serious harm. R v Church [1966] 1 QB 59-

C. The defendant’s unlawful act must have caused death. - but for

Question 3

Gross negligence manslaughter

Answer 3

Gross negligence manslaughter is committed where death is caused by the defendant’s grossly negligent act or
omission.- R v Adomako [1994]

A. The defendant owed a duty of care to the victim.

B. The defendant breached that duty of care.

C. The breach was grossly negligent.

D. The breach gave rise to an obvious and serious risk of death.

E. The breach of duty caused death.