Unlawful Dangerous Act Manslaughter

Question 1

D must commit an unlawful act, this must be criminal

Answer 1

(Lamb)

Question 2

and not an omission

Answer 2

(Lowe)

Question 3

Under the Church test, the act must be objectively dangerous: the sober and reasonable person would recognise the risk of at least some harm

Answer 3

(Church)

Question 4

Serious harm does not have to be foreseen from D’s actions - only some harm

Answer 4

(JM and SM)

Question 5

The act does not need to be aimed at V, so long as the reasonable person would recognise that they were put at risk

Answer 5

(Larkin)

Question 6

The act can be aimed at property, so long as it posed a risk to people

Answer 6

(Goodfellow)

Question 7

V’s frailty can be considered: the sober and reasonable person would regard D’s act as dangerous considering the age or frail conditions of V

Answer 7

(Watson)

Question 8

Where V self-injects a drug prepared and supplied by D, there will be no liability for death caused if V is a fully informed adult

Answer 8

(Kennedy)

Question 9

The MR for UDAM is simply that of the base offence - there are no extra requirements

Answer 9

(Newbury and Jones)