WEEK 5

Question 1

What are the two types of involuntary manslaughter?

Answer 1

Unlawful Act Manslaughter (UAM) and Reckless Manslaughter

Involuntary manslaughter is characterized by the absence of mens rea (MR) while still establishing actus reus (AR).

Question 2

What is the actus reus (AR) and mens rea (MR) requirement for murder?

Answer 2

AR + intention to kill / cause GBH

GBH stands for grievous bodily harm.

Question 3

What defines Unlawful Act Manslaughter (UAM)?

Answer 3

D committed an unlawful act, the act was objectively dangerous, the act caused V’s death

UAM does not break down into AR and MR as other offences do.

Question 4

What constitutes an unlawful act in UAM?

Answer 4

An unlawful act = a crime

A crime can include both criminal offences and civil wrongs, as established in cases such as Lamb [1967] and Kennedy (no 2) [2007].

Question 5

What must be proven for the base crimes in UAM?

Answer 5

Both the AR and the MR of the base crime must be proven

Reference to Lamb [1967] emphasizes the necessity of proving both elements.

Question 6

Can UAM be committed by omission?

Answer 6

No, UAM cannot be committed by an omission

This is supported by the case Lowe [1973], which highlights that an act is necessary for UAM.

Question 7

What type of mens rea is required for the base crime in UAM?

Answer 7

The crime must have subjective mens rea (e.g., recklessness)

Crimes of negligence are not sufficient for UAM, as established in Andrews v DPP [1937].

Question 8

What does the test for objectively dangerous unlawful acts involve?

Answer 8

The unlawful act must be recognized by sober and reasonable people as potentially harmful

This is derived from the Church [1966] case.

Question 9

What is the standard for assessing the danger of an unlawful act?

Answer 9

Judged based on what a reasonable person would conclude given the circumstances at the time

This was clarified in Bristow [2013].

Question 10

In the context of UAM, what constitutes some harm?

Answer 10

Various levels of potential physical harm, including bruising, cuts, and even psychiatric harm in some cases

Mere emotional distress is insufficient, as demonstrated in Dawson (1985).

Question 11

What is the requirement for causation in UAM?

Answer 11

The base crime must cause death

Ordinary rules of causation apply, including factual and legal causation.

Question 12

What is Reckless Manslaughter defined as?

Answer 12

D must foresee a risk of death or serious injury and must unreasonably take that risk

This is supported by Hyam v DPP [1975] and Lidar [2000].

Question 13

What is the proposed new structure for homicide according to the Law Commission?

Answer 13

First Degree Murder, Second Degree Murder, Manslaughter

These proposals include definitions and criteria for each category, though they are not current law.

Question 14

Fill in the blank: UAM is a ________ crime.

Answer 14

constructive

This means liability is derived from a lesser crime due to the outcome.

Question 15

In the context of UAM, what does ‘subjective MR’ mean?

Answer 15

D must have the mens rea for the base crime, which can include intention or recklessness

This is necessary for the unlawful act that causes death.

Question 16

True or False: A mere possibility of harm is sufficient for UAM.

Answer 16

False

A likelihood of harm must be foreseen, not just a possibility.

Question 17

What is the significance of the case R v JM & SM [2012] in UAM?

Answer 17

It illustrates that the objectively foreseeable danger does not have to be the ultimate cause of death

The case involved a fight where the victim died from a heart attack, not the injuries typically associated with fighting.

Question 18

What is the proposed new structure for homicide according to Law Commission Report 304?

Answer 18

Manslaughter, which includes killing through gross negligence and criminal act manslaughter

These are proposals for reform and not the current law.

Question 19

What are the two types of manslaughter discussed in the Law Commission proposals?

Answer 19

1. Killing through gross negligence
2. Criminal act manslaughter

Criminal act manslaughter can be intended to cause injury or involve serious risk of causing injury.

Question 20

What does the Ministry of Justice’s consultation paper CP19/08 propose regarding homicide structure?

Answer 20

It carries forward some of the Law Commission’s proposals but does not propose to adopt a new homicide structure

Amendments were made to current law, specifically regarding provocation and diminished responsibility.

Question 21

What is the difference in Actus Reus between GNM, Reckless manslaughter, and UAM?

Answer 21

Both GNM and Reckless manslaughter can be committed by acts or omissions; UAM can only be committed by acts.

Question 22

What is the Mens Rea requirement for UAM and GNM?

Answer 22

UAM and GNM can be committed without subjective awareness of risk; GNM requires objective awareness of risk of death

UAM requires a base crime with subjective Mens Rea but not regarding death.

Question 23

What makes Reckless manslaughter difficult to prosecute?

Answer 23

It requires that D foresees risk of death or serious injury as a high probability.

Question 24

If D pushes V, causing V to die from injuries, which category of manslaughter could apply?

Answer 24

Possibly UAM or GNM, depending on the circumstances.

Question 25

What could be the implication if D does not summon medical assistance for their child who dies?

Answer 25

Potentially UAM due to omission leading to death.

Question 26

What might the act of D setting a petrol-soaked rag on fire and causing V's death be categorized as?

Answer 26

Could be murder if there is intention to cause GBH; otherwise could be UAM or GNM.

Question 27

Fill in the blank: UAM requires a base crime which has ________.

Answer 27

subjective Mens Rea.

Question 28

True or False: GNM requires subjective Mens Rea on D's part.

Answer 28

False.