Involuntary Manslaughter- Unlawful Act Mansalughter (UAM)

Question 1

Introduce involuntary manslaughter - unlawful act manslaughter (UAM).

Answer 1

• Involuntary manslaughter - full offence - unlawful killing but no MR for murder.
• Sentence - max life imprisonment.
• UAM known as constructive manslaughter.
• D has done dangerous act that caused death - liable even if he didn’t know death / injury would occur.
• 4 elements needing to be established for UAM.

Question 2

Explain the first element of UAM, D committed an unlawful act - a crime.

Answer 2

• Death must be caused by unlawful act - must be criminal act - STATE OFFENCE.
• R v Franklin: civil wronging (tort) isn’t enough.
• R v Lamb: must be a completed criminal unlawful act.
• R v Goodfellow: can be property offence that caused death.
• Hill v Baxter: crim offence must be committed through an act.
• Khan + Khan: omission can’t create liability for UAM - but may lead to charge of GNM.

Question 3

Explain the second element of UAM, act must be objectively dangerous.

Answer 3

• Unlawful act must be dangerous.
• R v Church: objective test set out - average person would’ve recognised it could cause some form of physical harm to another person + it must cause death - D need not realise there was risk themselves.
• R v Larkin: confirms test in Church - show both the need for an unlawful act + on an objective viewpoint, risk of harm.
• R v Mitchell: unlawful act need not be aimed at V (mention TM in MR section).
  Some Harm:
• Must be risk of some harm, not particular type of harm that lead to death.
• JM + SM: CoA held the sober + reasonable person only had to foresee some harm, not specific type of harm.
  Physical Harm:
• ‘Risk of harm’ - refers to physical harm.
• Something which causes fear / apprehension not enough.
• R v Dawson: jury were aware of V’s heart condition but reasonable person wouldn’t have been.
• R v Watson: where reasonable person is aware of Vs risk of physical harm, then D’s liable.
  Property + Physical Harm:
• R v Bristow, Dunn, + Delay: burglary could be carried out in such a way that circumstances of commission make it dangerous.

Question 4

Explain the third element of UAM, original unlawful act must cause death.

Answer 4

• Work through rules on causation.
• R v Cato: if D administrates drug to V - then UAM.
• R v Kennedy: if supplied with drugs + takes them themselves - its not UAM as V has free will + makes own decision - novus actus interveniens breaks chain.

Question 5

Explain the fourth element of UAM, D must have required mens rea for original unlawful act.

Answer 5

• D must have MR for original unlawful act, even through not necessary for D to realise act was unlawful / dangerous.
• DPP v Newbury + Jones: D can be convicted of UAM provided unlawful act was dangerous + D has necessary MR for act.