Unlawful Act Manslaughter Flashcards
(6 cards)
Describe
The 4 elements to be guilty of UAM in general.
Apart of UAM
1) The D must do a unlawful act.
2) The act must be dangerous on a objective basis.
3) The act must cause the death.
4) The D must have the required mens rea for the act.
Describe
Unlawful Act
Franklin and Lowe
Apart of UAM
The V’s death must be caused by an unlawful act.
Franklin - The unlawful act must be a criminal offence, a civil wrong is not enough for UAM. Lowe - An omission doesn't create UAM liability.
Describe
Dangerous Act
Church - test, Mitchell, Goodfellow
Apart of UAM
The unlawful act must be dangerous on a objective basis.
The risk of harm refers to physical harm.
Church - Would the sober and reasonable person forsee that some harm might occur from D's actions, it doesn't have to be serious harm. Mitchell - Unlawful Act does not need to be aimed at V. Goodfellow - UA doesn't need to be aimed at a person, as long as it carries risk of physical harm, it can be aimed at physical property.
Describe
Caused death
Pagett, Kimsey
Apart of UAM
The unlawful act by D must cause the death.
D must be the factual cause. And legal cause with no intervening acts.
Pagett - But for test. Kimsey - More than a minimal cause.
Describe
Mens Rea for Unlawful Act
Newbury and Jones
Apart of UAM
The D must have MR for unlawful act, but it’s not necessary for them to realise act is unlawful or dangerous.
Newbury and Jones - D didn't have to forsee harm so long as they intended to commit unlawful act.
Apply to an exam question
Flip
Apart of UAM
Unlawful Act
What was the unlawful act (crime) the D did?
Objective Test
Would a normal person foresee the risk of at least some harm to V from D’s act? Why?
Cause
Was the D the factual cause? Apply the but for test.
Was the D the legal cause? Were they more than a minimal cause?
Were there any intervening acts?
MR
Did the D have the mens rea for their unlawful act?
Remember they don’t have to intend to kill!
Succesful conviction?
