FO: Unlawful Dangerous Act Manslaughter Flashcards
(9 cards)
Define UDAM
Sometimes referred to as ‘constructive manslaughter’ – UDAM is constructed from an unlawful act. This must come from the D’s ACT – no omissions. The maximum sentence is a discretionary life sentence.
UA: Explain Criminal Acts + Case example
The act must be criminally unlawful e.g. not a tort
examples Arson, criminal damage, dangerous driving, assault, battery, robbery
(R v Lamb)
UA: Explains Act not an omission + Case example
The killing must have helped as as result of the D’s act not omission.
(R v Larkin)
D: Explain the church test
The act must be objectively dangerous according to the Church Test:
“the unlawful act must be such as all sober and reasonable people would inevitably recognise must subject the other person, to at least, the risk of some harm resulting therefrom, albeit not serious harm”
D: Explain Aimed at the Victim + case example
The act does not need to be aimed at the victim, as long as reasonable people would recognise they were put at risk
(R v Larkin)
D: Explain some harm + case example
Reasonable people would foresee some harm from D’s actions (don’t need to predict serious harm)
(R v JM and SM)
D: Explain Act against the property + case example
It could have been aimed at property, as long as it also carried a risk of some harm to people
(R v Goodfellow)
D: Explain Victims Frailty + case example
Harm can depend on the circumstances and the V themselves
(R v Watson)
Held: The sober and reasonable person would regard the defendant’s act as dangerous, considering the age and frail conditions of the defendant.
(R v Kennedy)
Held; Self administered drugs also break the chain of causation
Explain the mens rea for UDAM + case example
The mens rea required for UDAM is simply the mens rea required for the base offence. There are no extra requirements such as foreseeing the risk of death.
(R v Newbury and Jones)
