Unlawful Act Manslaughter

Question 1

What is the Actus Reus for UAM?

Answer 1

AR: (same as Murder)
Unlawful killing, of a reasonable creature, under the Queen’s Peace.
Must also be:
1. Unlawful Act, not an omission (R v Lowe)
2. Must be dangerous (R v Franklin, criminal act)
3. Must cause death (R v Goodfellow, person or property)
No requirement that the Unlawful Act must be aimed at the actual victim (R v Larkin)

Question 2

What is the Objective Test used for the AR?

Answer 2

Church Test:

1. Must be a risk of physical injury (fear is not enough)
2. The reasonable man must possess only the knowledge that the D had at the time of committing the offence
3. If the risk of injury (harm) can not be seen then D must be acquitted.

Question 3

How is Causation applied to UAM?

Answer 3

Causation:
1. Cause in fact
2. Cause in law
3. No intervening event
Apply:
'But For' Test, R v White
'Thin Skull' Rule, R v Blaue

Question 4

What is the Mens Rea for UAM?

Answer 4

Newbury & Jones:

Not necessary for the D to realise that his act was unlawful or dangerous.