Unlawful act manslaughter Flashcards
When does the offence of UAM occur?
When D does not intend to kill or cause death but he has committed an unlawful act which has led to the death of V
What are the actus reus elements of UAM?
D must commit unlawful act
Act must be dangerous
Act must cause death
What is the mens rea element of UAM?
D must have mens rea for unlawful act
What legal principle came out of the case of Stone and Dobinson in terms of the unlawful act?
An omission does not amount to an act
What does R v Franklin say about the unlawful act?
That it must be criminal and not a civil wrong
What legal principle came out of the case of Lamb in terms of the unlawful act?
There has to be a completed act for it to be UAM
Give some examples of unlawful acts
Arson, robbery, NFO’s, criminal damage
What does D not have to foresee in terms of MR?
They do not have to foresee death or even any harm
Which case says that D doesn’t need to foresee death and only needs the MR of the UA?
Newbury and Jones
What case should be used in UAM to demonstrate transferred malice?
Mitchell
As ‘the unlawful act must cause the death’, what must be proved?
Factual and legal causation
What legal principle came out of the case of Dear?
Self neglect by V does not break the chain of causation
What happened in the case of Cato?
V had prepared syringe of heroin and then D injected it for V as V didn’t want to inject themself, V died of an overdose
Why was the chain of causation not broken in the case of Cato?
Because D had injected V and therefore the link between D and V’s death was intact
What happened in the case of Kennedy (No 2)?
D prepared syringe of heroin for V to administer to himself, V injects himself and dies of an overdose
Why was the chain of causation broken in the case of Kennedy (No 2)?
Because V injected himself with the drug and therefore this breaks the chain of causation
Which case outlines the test for dangerousness?
Church
What is the test for dangerousness?
Whether a sober and reasonable person would realise that the act carries a risk of some (physical) harm
Which case adds to the Church test that it must be physical harm?
Dawson
What legal principle came out of Watson?
That age and frailty are characteristics that will be taken into account when deciding if an act is dangerous
What legal principle cause out of R v JM and SM?
There is no need for sober and reasonable man to foresee the specific harm from which V died, only physical harm of some sort
Which case outlines that an unlawful act can be aimed at property?
Goodfellow
What legal principle came of R v Farnon and Ellis?
That lack of knowledge due to low mental age makes no difference to guilt if the sober and reasonable man will foresee some physical harm
