Unlawful Act Manslaughter Flashcards
What is UAM?
unlawful killing without malice aforethought
What are the 2 ways UAM can be committed ?
unlawful & dangerous act
gross negligence
What are the 4 elements that must be satisfied for UAM ?
unlawful act
was objectively dangerous
caused death
present MR
What must the unlawful act be and not be & cases?
must b- criminal act (Lamb)
musnt- omission (Lowe) or a civil wrong (Franklin)
Who set out the objective test for the act being dangerous and how ?
Lord Edmund Davies, (Church)- ‘reasonable sober 🧍♀️ recognise some harm albeit not serious harm’
What did R v JF and R v JM & SM say about the unlawful act ?
RP doesn’t need to foresee risk of death
dangerousness judged by RP
What does R V Goodfellow and R v Dawson/Watson say about unlawful act ?
against property ?
age/fragility of V ?
Why must the unlawful act cause death ?
to prove whether causation satisfied
What is factual causation and cases?
‘but for’ (White/Pagett)
What is legal causation both fact and cases ?
de minimus- (Kimsey)
O+S- (Smith/Cheshire)
What are the NAIs ?
VOA- (Roberts/Williams & Davis)
self neglect- (Holland/Wallace)
3🥳- (Pagett)
wrong 🏥- (Jordan/Smith)
TSR- (Blaue)
What must we check for after causation and case?
Transferred malice (Mitchell)
What is transferred malice ?
when act/consequences were meant for 1 person but accidentally happened to another, MR moved over to them from D
What is the sentence for UAM ?
discretionary to life
