Unlawful Act Manslaughter

Question 1

What are the 4 steps to test for Unlawful Act Manslaughter (UAM) ?

Answer 1

1) D commits unlawful act (AU)
2) UA is objectively dangerous
3) UA causes death of victim (Causation)
3) D has MR for initial UA

Question 2

Describe Step 1 of UAM with cases

Answer 2

• D must commit an Unlawful Act - R v Lamb
• Cannot be omission - R v Lowe/Goodfellow

Question 3

Describe Step 2 of UAM with cases

Answer 3

Must be Objectively Dangerous - R v Church
- (Would reasonable man see risk of harm?)

• R v Larkin: Wife falls/dies on razor after man threats other man

Question 4

Describe Step 3 of UAM with cases

Answer 4

UA causes death of Victim - R v Kennedy
- (D supplies heroin. V inject themselves. D not guilty)

Factual + Legal Causation

Question 5

Describe step 4 of UAM with cases

Answer 5

D has MR of initial UA - Newbury and Jones

• Transferred malice applies - R v Mitchell