LAW P1 CRIM (UAMS)

Question 1

What is unlawful act manslaughter?

Answer 1

Unlawful act manslaughter is a form of involuntary manslaughter in that an unlawful killing has taken place where the defendant lacks the mens rea of murder.

Question 2

What are the 4 elements of unlawful act manslaughter?

Answer 2

1. There must be an unlawful act
2. The unlawful act must be dangerous
3. The unlawful dangerous act must cause death
4. D must have the MR of the original unlawful act

Question 3

What are the cases for UAMS?

Answer 3

R v Lowe, there must be an unlawful act and the offence could not be committed by an omission

R v Watson, the court of appeal held that a sober and reasonable person would regard the act of the defendant as dangerous

R v Johnstone, it must be proven that the unlawful act caused the death of the victim.

DPP v Newbury and jones, the defendant only needs to have the mens rea for the initial unlawful act