unlawful act manslaughter

Question 1

what is uam also know as

Answer 1

constructive manslaughter

Question 2

what ar and mr do you have for involuntary manslaughter

Answer 2

ar-murder
mr- of occasioning act

Question 3

what is the sentence for involuntary manslaughter

Answer 3

nothing to life

Question 4

what is uam

Answer 4

where someone does something criminal that leads to death

Question 5

is there need for malice aforethought

Answer 5

no

Question 6

does d need to realise death may occur

Answer 6

no

Question 7

what are the 3 things prosecution must prove for the ar of uam

Answer 7

d did an unlawful act
the act is dangerous on an objective test
the act caused death (rules of causation)

Question 8

what must prosecution prove for the mr of uam

Answer 8

d has the required mr for the unlawful act

Question 9

can a civil wrongful be an unlawful act + case

Answer 9

no not an omission
R v lowe

Question 10

what is often unlawful act

Answer 10

a non fatal offence but not s18

Question 11

must the unlawful act be aimed at+ cases

Answer 11

no
mitchell
goodfellow

Question 12

what is the definition of some harm

Answer 12

physical harm

Question 13

must d forsee death +case

Answer 13

no
r v jm + sm

Question 14

what are the rules of causation

Answer 14

factual-but for
legal-more than minimal
no break in chain
thin skull rule

Question 15

heart problems

Answer 15

if the unlawful act happens and v has a heart attack and dies the d will most likely not be guilty

Question 16

what is the mr for uam

Answer 16

that if the occasioning unlawful act

Question 17

what are the criticisms of uam

Answer 17

covers a large range of conduct
death could be unexpected
a d who didn’t realise death can still be guilty due to objective test

Question 18

what happened in r v franklin

Answer 18

d threw a box of peir
box hit a swimmer
not an unlawful act so not uam

Question 19

what happened in r v larkin

Answer 19

d threatened man with razor
gf fell on it a died
assault led to death so uam

Question 20

what happened in r v lamb

Answer 20

2 boys play with gun and one shoots the other
no assault so no uam

Question 21

what was said in r v lowe

Answer 21

must be an act not ommision

Question 22

what happened in r v church

Answer 22

d punched a woman and knocked her unconscious
d thought she was dead so threw her in the river
objectively dangerous so uam

Question 23

what happened in r v mitchell

Answer 23

d punched man who fell into v and v died
uam transferred malice

Question 24

what happened in goodfellow

Answer 24

d set his council flat on fire to get rehoused but it spread and someone died
guilty of uam

Question 25

what happened in r v dawson

Answer 25

3 D’s try to rob petrol station
v sounded police alarm and died of a heart attack
not guilty of uam

Question 26

what happened in r v watson

Answer 26

2 D’s try to rob old man
they tie him up and abuse him then leave
v dies of heart attack
not guilty of uam

Question 27

what happened in r v cato

Answer 27

D buys drugs and invites v and others to use them
v mixes own drugs d injects them
guilty of uam as d administered it

Question 28

what happened in dpp v newbury

Answer 28

2 boys drop a slab on a train and kill guard
guilty even though they didn’t forsee