7.3.1 UAM Involuntary Manslaughter

Question 1

4 Elements of UAM

Answer 1

1. D must do an unlawful act
2. Act must be objectively dangerous
3. Act must cause the death (causation)
4. D must have MR for unlawful act

Question 2

1st Element of UAM

Answer 2

D must do an unlawful act
* The unlawful act must be a criminal act (R v Lamb)
* And it has to be an act not an omission (R v Lowe)

Question 3

Examples of criminal acts for UAM

Answer 3

• Arson (R v Goodfellow)
• Criminal Damage (DPP v Newbury)
• Burglary (R v Watson)

Question 4

2nd Element of UAM

Answer 4

The act must be dangerous objectively
The case for testing objectiveness is (R v Church)
* The D does not have to know about the risk of harm (R v Larkin)

Question 5

(R v Church) full principle for objective dangerous test

Answer 5

“such as all sober and reasonable people would inevitably recognise must subject the other person to atleast the tisk of some harm risk albeit not resulting in serios harm”

Question 6

2nd Element of UAM specific cases:

Answer 6

(R v JM+SM) The harm at risk does not have to be the same as the harm done
(R v Goodfellow) Harm can be aimed at property, not a person (arson)
(R v Larkin) D don’t have to know of risk

Question 7

3rd Element of UAM

Answer 7

Regular Causation, with no intervening acts
(R v Broughton)- In this case D supplied drugs but not getting medical help as it would not have helped them so no causation break
(R v Kennedy)- no D.O.C for supplying drugs because it is adults making their own, informed choices

Question 8

4th Element of UAM

Answer 8

Must have the MR for the unlawful act committed (DPP v Newbury)