Unlawful Act Manslaughter - Paper 1 Flashcards
What is the definition of unlawful act manslaughter?
D commits an unlawful act which caused V’s death but the mens rea for murder is not present
What is Stage 1 of UAM?
D must commit an unlawful act, e.g. an assault or battery
What was the decision in Franklin?
The unlawful act must be a crime, not a civil wrong
Which case held the unlawful act must be a positive act, not an omission?
Khan & Khan
What was held in Mitchell?
The unlawful act can be an indirect act, and consider transferred malice
What is Stage 2 of UAM?
The unlawful act must carry a risk of harm
What was the decision in DPP v Newbury & Jones?
D does not need to be aware of the risk of harm as long as a sober and reasonable person would
Which case established the objective test for risk of harm?
Church
What is Stage 3 of UAM?
The unlawful act must cause the death
What was established in Kennedy?
If D supplies heroin and V self-injects, D will not be liable for the death of as the chain of causation is broken
What is Stage 4 of UAM?
D must have the mens rea for the unlawful act
Which case established the rule that D must have the MR for the lesser unlawful act?
Goodfellow
