Unlawful Act Manslaughter Flashcards
What is the structure for UAM
- D commits an unlawful act
- The act caused the death
- The unlawful act is objectively dangerous
R v stone and dobinson
Failing to act is not enough for UAM, must be an act not a omission
R v Franklin
A tort is not enough for UAM, the unlawful act must be a crime
R v lamb
All elements of the crime must be present
Dpp v Newbury and jones
D doesn’t need to realise the risk of harm
Dpp v Newbury and jones
D doesn’t need to realise the risk of harm
Mitchell
Transferred malice can be applied
R v dear
Self neglect by v doesn’t break the chain of causation
R v church
An act is dangerous if it carries a risk of some physical harm
R v Dawson
The rp would not know of Ds condition and therefore would not consider it dangerous
R v Watson
Age affects whether the act was dangerous
R v JM and SM
RP doesn’t need to see the risk of the specific injury and causes the death. Only that there is a risk of some physical harm
Goodfellow
An unlawful act can be aimed at properly
R v farnon and Ellis
D would be compared to a sober and reasonable person
