Unlawful Act Manslaughter

Question 1

What’s the identification for ULAM?

Answer 1

Common Law defence defined by the House of Lords in DPP v Newbury and Jones

Question 2

What are the 4 elements for ULAM?

Answer 2

1. Unlawful Act
2. Dangerous
3. Cause of Death
4. Mens Rea

Question 3

What’s the principle from R v Franklin?

Answer 3

Must be a criminal offence

Question 4

What’s the principle from R v Lowe?

Answer 4

Can’t be an omission

Question 5

What can a D rely on if it’s an offence against the person?

Answer 5

They can rely on either assault or battery

Question 6

What’s the principle from R v Church?

Answer 6

Such as all sober and reasonable people would inevitably recognise the risk of SOME harm not serious harm

Question 7

What’s the principle from JM and SM?

Answer 7

Need not forsee the particular type of harm

Question 8

What’s the principle from R v Dawson?

Answer 8

Deciding if an unlawful act is dangerous is based on what the sober and reasonable person would be aware of

Question 9

What’s the principle from R v Watson?

Answer 9

Where a sober and reasonable person would be aware of V’s frailty and the risk of physical harm to him then the D will be liable

Question 10

What’s the principle from R v Carey?

Answer 10

An assault is typically not an act which the sober and reasonable person would regard as subjecting V to some physical harm

Question 11

What’s the principle from DPP v Newbury and Jones for the MR for ULAM?

Answer 11

MR for the unlawful act need not establish that D foresaw any harm as a result of his act