Unlawful Act Manslaughter Flashcards
All 5 steps of UAM
1) Must be an act not an omission
2) Must be unlawful
3) Must be a dangerous act
4) Must be the substantial cause of death
5) Must have the mens rea
Miller
1) Cannot be an omission must be an act
Lamb
2) Shot someone, but lacked MR for assault
Gibbons v Proctor
2) Must have intention to commit dangerous act
Dawson
3) Jury must imagine they had knowledge that D have had
Watson
3) What was known about V at the time must be taken into account
Kennedy
4) Victims own actions caused death
Shohid
4) Prevention of someones safety caused death
Carey
4) Heart condition caused by fear was not substantial
Lewis
4) A continuous act can amount to the cause of death
Newbury and Jones
5) Threw slab off bridge, foreseeable to cause ‘some harm’
Le brun
5) Sequence of events can lead to UAM