Unlawful Act Manslaughter Flashcards
Unlawful Act Manslaughter (UAM):
Where the defendant kills the victim in the course of committing a crime.
Actus Reus for UAM?
Same as all homicide offences, the unlawful killing of another human being.
Elements of UAM:
- 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
Does an omission count as an unlawful act?
No.
Case for an omission not counting as an unlawful act?
Lowe 1973
Why must the act be unlawful?
So that if no killing had taken place, D would still be guilty of another offence.
Case for the requirement of a criminal act?
Franklin 1883, torts/ civil wrongs don’t count.
Case which opposes the general view that act must be criminal?
Meeking 2012.
Obiter in this case suggests that negligence can form the basis of UAM.
Unlawful act must be committed with full mens rea:
Lamb 1967
Mens Rea of UAM:
That of the crime constituting the unlawful act.
Lamb 1967
Objective test for dangerousness?
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.
What kind of harm must reasonable person perceive?
Physical Harm
Carey 2006
Must the unlawful act be aimed at victim?
No, Goodfellow [1986]
Intervening acts in UAM?
The intervening, voluntary conduct of informed adult victims of sound mind breaks chain of causation.
Kennedy no.2
Overall plan for a UAM question:
Center around elements in AG’s Ref (No.3 of 1994) 1998
R v Lamb
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.
R v Meeking [2012]
Obiter of this case suggests that negligent acts can form the basis of a UAM offence.
R v Carey [2006]
Reasonable person must perceive physical harm in relation to the test for dangerousness.
R v Carey [2006]
Reasonable person must perceive physical harm in relation to the test for dangerousness.
R v Church [1966]
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.
