Unlawful Act Manslaughter

Question 1

Unlawful Act Manslaughter (UAM):

Answer 1

Where the defendant kills the victim in the course of committing a crime.

Question 2

Actus Reus for UAM?

Answer 2

Same as all homicide offences, the unlawful killing of another human being.

Question 3

Elements of UAM:

Answer 3

• D must commit unlawful act
• The Act must be dangerous
• Act must be direct cause of death
  AG’s Ref (No.3 of 1994) 1998

Question 4

Does an omission count as an unlawful act?

Answer 4

No.

Question 5

Case for an omission not counting as an unlawful act?

Answer 5

Lowe 1973

Question 6

Why must the act be unlawful?

Answer 6

So that if no killing had taken place, D would still be guilty of another offence.

Question 7

Case for the requirement of a criminal act?

Answer 7

Franklin 1883, torts/ civil wrongs don’t count.

Question 8

Case which opposes the general view that act must be criminal?

Answer 8

Meeking 2012.

Obiter in this case suggests that negligence can form the basis of UAM.

Question 9

Unlawful act must be committed with full mens rea:

Answer 9

Lamb 1967

Question 10

Mens Rea of UAM:

Answer 10

That of the crime constituting the unlawful act.

Lamb 1967

Question 11

Objective test for dangerousness?

Answer 11

Church 1966

All sober and reasonable people would recognize it as an act which must subject the other person to at least risk of some harm.

Question 12

What kind of harm must reasonable person perceive?

Answer 12

Physical Harm

Carey 2006

Question 13

Must the unlawful act be aimed at victim?

Answer 13

No, Goodfellow [1986]

Question 14

Intervening acts in UAM?

Answer 14

The intervening, voluntary conduct of informed adult victims of sound mind breaks chain of causation.

Kennedy no.2

Question 15

Overall plan for a UAM question:

Answer 15

Center around elements in AG’s Ref (No.3 of 1994) 1998

Question 16

R v Lamb

Answer 16

Boys playing with revolver, it goes off and kills the other. Held that prosecution must prove mens rea of unlawful act in a case relating to manslaughter.

Question 17

R v Meeking [2012]

Answer 17

Obiter of this case suggests that negligent acts can form the basis of a UAM offence.

Question 18

R v Carey [2006]

Answer 18

Reasonable person must perceive physical harm in relation to the test for dangerousness.

Question 19

R v Carey [2006]

Answer 19

Reasonable person must perceive physical harm in relation to the test for dangerousness.

Question 20

R v Church [1966]

Answer 20

Unlawful act on its own cannot render a manslaughter verdict inevitable.

Act must be so that All sober and reasonable people would recognize it as an act which must subject the other person to at least risk of some harm.