Unlawful act manslaughter

Question 1

When does the offence of UAM occur?

Answer 1

When D does not intend to kill or cause death but he has committed an unlawful act which has led to the death of V

Question 2

What are the actus reus elements of UAM?

Answer 2

D must commit unlawful act
Act must be dangerous
Act must cause death

Question 3

What is the mens rea element of UAM?

Answer 3

D must have mens rea for unlawful act

Question 4

What legal principle came out of the case of Stone and Dobinson in terms of the unlawful act?

Answer 4

An omission does not amount to an act

Question 5

What does R v Franklin say about the unlawful act?

Answer 5

That it must be criminal and not a civil wrong

Question 6

What legal principle came out of the case of Lamb in terms of the unlawful act?

Answer 6

There has to be a completed act for it to be UAM

Question 7

Give some examples of unlawful acts

Answer 7

Arson, robbery, NFO’s, criminal damage

Question 8

What does D not have to foresee in terms of MR?

Answer 8

They do not have to foresee death or even any harm

Question 9

Which case says that D doesn’t need to foresee death and only needs the MR of the UA?

Answer 9

Newbury and Jones

Question 10

What case should be used in UAM to demonstrate transferred malice?

Answer 10

Mitchell

Question 11

As ‘the unlawful act must cause the death’, what must be proved?

Answer 11

Factual and legal causation

Question 12

What legal principle came out of the case of Dear?

Answer 12

Self neglect by V does not break the chain of causation

Question 13

What happened in the case of Cato?

Answer 13

V had prepared syringe of heroin and then D injected it for V as V didn’t want to inject themself, V died of an overdose

Question 14

Why was the chain of causation not broken in the case of Cato?

Answer 14

Because D had injected V and therefore the link between D and V’s death was intact

Question 15

What happened in the case of Kennedy (No 2)?

Answer 15

D prepared syringe of heroin for V to administer to himself, V injects himself and dies of an overdose

Question 16

Why was the chain of causation broken in the case of Kennedy (No 2)?

Answer 16

Because V injected himself with the drug and therefore this breaks the chain of causation

Question 17

Which case outlines the test for dangerousness?

Answer 17

Church

Question 18

What is the test for dangerousness?

Answer 18

Whether a sober and reasonable person would realise that the act carries a risk of some (physical) harm

Question 19

Which case adds to the Church test that it must be physical harm?

Answer 19

Dawson

Question 20

What legal principle came out of Watson?

Answer 20

That age and frailty are characteristics that will be taken into account when deciding if an act is dangerous

Question 21

What legal principle cause out of R v JM and SM?

Answer 21

There is no need for sober and reasonable man to foresee the specific harm from which V died, only physical harm of some sort

Question 22

Which case outlines that an unlawful act can be aimed at property?

Answer 22

Goodfellow

Question 23

What legal principle came of R v Farnon and Ellis?

Answer 23

That lack of knowledge due to low mental age makes no difference to guilt if the sober and reasonable man will foresee some physical harm