Unlawful act manslaughter Flashcards
Unlawful act manslaughter is also known as…
constructive manslaughter because crime is constructed for a lesser crime
what is a summary of what happens in UAM
D kills V in the course of committing a crime
where can you find the elements of UAM
A.G’s Ref (No.3 of 1994)
what are the elements of UAM under A.G’s ref (no3 of 1994)
1 - D must have done an unlawful act
2 - Unlawful act must be dangerous
3 - UNnlawful and dangerous act must be direct cause of death
What is an unlawful act
An act NOT an omissiom
must be unlawful ie criminal
must also me committed with full mens rea (Lamb/Hayward)
what happened in the case of lowe and what did it prove
failure to call for medical assistance for dying child, proves omission is not enough for unlawful act manslaughter
what was the decision made in franklin
the unlawful act should be a crime not tort or civil wrong
what does it mean by dangerous act
Church test - objective test
all sober and reasonable people recognize the risk of some harm albeit not serious harm
what is confirmed by dpp v newbury jones
Church test, the objective test for dangerous act
what happened in the case of dawson
imitation gun
whether a reasonable person in D’s shoes wouldve recognized that his actions were likeyl to create a risk of physical injury - in this case, the act was not dangerous.
third element must link to what
the third element was that the unlawful and dangerous act must be direct cause of V’s death, there for this must link to causation
what does the case of goodfellow saw
risk of harm need not be aimed at the person who is killed as long as it is the direct cause of death
