Unlawful Act Manslaughter Flashcards
Where is unlawful act manslaughter contained
Common law
Is UAM a indictable, TEW or summary offence?
Indictable- max sentence of life
What are the 4 elements of UAM
- must be an initial unlawful act
- act must be dangerous
- cause death of V
- must prove MR of initial unlawful act
What is not enough for an unlawful act, use a case
A civil wrongful (franklin)
What does the case of lamb say
He wasn’t found guilty of UAM as there was no initial act, even though he was the factual/legal cause of death
What will not suffice an unlawful act, use a case
An omission (Lowe)
What does the case of good fellow say
The initial unlawful act doesnt have to be aimed at a person, for example an offence agisnt the property satisfies UAM
What type of test is the dangerousness test
Objective
What is the test for dangerousness and what case establishes this
Church- would the RM foresee risk of some harm in the circumstance
What do the RM and the D have the same of, use a case
Same knowledge (Dawson)
What does the case of R v Larkin say
The dangerous act doesn’t need to be aimed at or be dangerous to the ultimate victim
What does the case of R v JM and SM say
There is no requirement that the RM should foresee the specific type of harm that the v suffers as a result of the unlawful act
For causes death of the V, what must be proven
Factual and legal cause
Whats the NAI just for unlawful act manslaughter
Where the V self injects drugs given to them from the drug dealer
What happens when the D injects the V
If D injects v but has no intent to kill/cause GBH- guilty of UAM (unlawful act= administering of noxious substance)
