Unlawful Manslaughter

Question 1

what is UAM

Answer 1

D causes Vs death whilst carrying out a criminal act that is dangerous
does not intend to kill or cause serious harm

Question 2

what are the 4 elements of UAM

Answer 2

1. defendant must have comitted an unlawful criminal act
2. Defendants unlawful act must be dangerous on an objective test
3. Ds act must cause death of victim
4. D must have MR for unlawful act which cause Vs death

Question 3

1st element - an unlawful criminal act

Answer 3

normally non-fatal offence, but any criminal offence can form unlawful act if it is objectively dangerous (Franklin)

doesnt have to be aimed at victim (Lamb)

needs to be criminal offence
civil wrongdoing will not suffice
omission will not suffice, need an act (Lowe)

Question 4

2nd element - Ds unlawful act must be dangerous on an objective test

Answer 4

no requirement that act directed at V (could be property)

no requirement that D forsees harm (newbury+jones)

Question 5

3rd element - Ds act must cause death of V

Answer 5

factual and legal causation test

Question 6

4th element - D must have MR of unlawful act

Answer 6

intention or recklessness depending on offence

could be Mohan (direct intent) or recklessness (cunningham)