Unlawful act manslaughter Flashcards
(13 cards)
How is Unlawful act manslaughter defined
Defined through common law as an unlawful and dangerous act (R v Franklin) that causes the death of a human being. It is a law offence so has an AR and MR.
What is the AR of Unlawful act manslaughter
The unlawful act that leads to the death of someone
What is the first stage of UAMS
The killing must be a criminal offence and due to an act not an omission - R v Lowe
What is the second stage of UAMS
The unlawful act must be dangerous so all sober and reasonable people would realise its dangerous. Not necessarily serious harm. Irrelevant if the defendant though it was dangerous. - R v Church, R v Ball
What is the third stage of UAMS
The unlawful and dangerous act must cause the death, so the normal rules of criminal causation apply - R v Williams, R v Carey
What is the mens rea of UAMS
The same as the mens rea of the non fatal committed. - R v Lamb
R v Lowe
Unlawful act is needed to be guilty, omission wont suffice
R v Church
Sober and reasonable person would recognise the other person is at some risk of harm
R v Ball
The defendants intention, foresight or knowledge is irrelevant
R v Williams
Chain of causation would only be broken if the victim committed an act so unforeseeable
R v Lamb
As there was no assault there was no unlawful and dangerous act
R v Franklin
UAMS can only apply if the defendant commits an act that is both unlawful and dangerous
R v Carey
UAMS could apply even if V’s death was partly due to a pre-existing condition, provided D’s act was unlawful and dangerous
