Fatal Offences: Unlawful Act Manslaughter Flashcards
What is involuntary manslaughter?
An unlawful killing where the D doesn’t have the intention to kill or cause GBH
What is the maximum sentence for involuntary manslaughter?
Disrectionary life sentence
What is the test for UAM?
Unlawful Act
Was act dangerous
Unlawful act caused death
MR of Unlawful act
Explain Unlawful Act?
Act committed must be crime
Can’t be committed by an omission (Lowe)
What are some examples of an Unlawful Act?
Speeding
Battery
Littering
What happened in Lamb?
Honestly believed gun wouldn’t fire, D pulled trigger and killed V
D hadn’t done UA as the pointing of gun was not assault, friend didn’t fear any violence
Explain Dangerous UA?
Criminal act must be one that a sober and reasonable man woulf regard as being dangerous and carries a risk of some harm occuring
What kind of test is Dangerous UA?
An objective test
What happened in Church?
D liable for UAM as he committed UA that was dangerous according to sober and reasonable man as there was risk of some harm occuring
What can the UA be aimed at?
Doesn’t have to be aimed at V as long as its dangerous
Can be aimed at another person or property
Explain UA causes death?
Normal causation rules apply
CIF - ‘But for’ (White)
CIL - MMA (Pagett)
NAI
What happened in Kennedy?
D gave a syringe of heroine to the V
V injected and died
D convicted of UAM, self - injection was unlawful
HOL quashed conviction
What did Kennedy establish with drugs?
D supplies and injects V - D liable, chain of causation no broken
D supplies and V self-injects - D not liable for death as chain of causation is broken
What are the exceptions with drugs?
User is young
Misinformed of contents of drugs
Explain MR for UAM?
UA in question
D doesn’t need to realise act was dangerous or unlawful and long as they intended the original UA
