Unlawful Act Manslaughter Flashcards
(7 cards)
What is Unlawful Act Manslaughter?
Where the victim dies while the defendant is causing/undergoing a criminal act. It must be deemed reasonably foreseeable that the Ds actions would have put the victim at some risk of harm.
What is the actus reus for UAM?
Unlawful Act
Dangerous Act
Causation
What is the mens rea?
The defendant must have had the mens rea for the initial unlawful act they committed - it is not required for the defendant to have the mens rea for the death of the victim.
Cases in Unlawful Act?
Lowe - act not an omission, father failed to get help for his sick infant
Franklin - act must be criminal, threw large box in the sea - victim struck
Goodfellow - act can also be directed at property, killed wife, son and sons girlfriend by setting fire to house
What is the test for dangerous act?
The church test - ‘where a sober and reasonable person would recognise whether their actions would subject another to harm’
Goodfellow case - a sober and reasonable person would recognise that setting alight a house would pose a risk to life
Case for causation?
Pagget - defendant had used a pregnant woman as a ‘shield’ against gunshots - but for the defendants actions she would not have died
Case for mens Rea for unlawful act?
Newbury V Jones- two teenage boys pushed a paving stone onto railway, killing guard of the train - was not necessary that they foresaw harm, but they instead acted with intent and recklessness
