Please enable JavaScript.
Coggle requires JavaScript to display documents.
Unlawful Act Manslaughter (UAM) (This is a type of involuntary…
Unlawful Act Manslaughter (UAM)
1.UNLAWFUL ACT
Wooley & Campbell- adjoining crime was blackmail
This must be a crime not merely a breach of the civil law (Franklin)
This must be an identified offence (Jennings)
It must be an act not an omission (Lowe- child dies due to child neglect)
This does not have to be directed by any individual (Goodfellow AGs Ref No 3 of 1994)
This must be an act which is unlawful in itself (from the outset) not something that becomes unlawful down to the defendants conduct (Andrews)
2.DANGEROUS ACT
Church Test- Where in which the acts of the defendant are compared to those of the standard reasonable man
There must be an obvious risk of some harm resulting from the defendants acts. Obvious means obvious to the sober reasonable man
Dawson- Doesn't take into account the age and mental stability of the defendant
Ball- If the defendant has made a mistake it cannot be attributed to the reasonable person.
3.CAUSING DEATH
Factual and Legal Test must be satisfied
Factual- 'But for' test
Legal- de minimus principle, intervening acts, thin skull rule
The ordinary rules of causation apply
MENS REA
The mens rea for the UAM is the mens rea for the unlawful act. There is no additional mens rea
Important Drug Cases to Remember-
Dalby- Gave and supplied the drugs but did not administer them, not prosecuted
Cato- Gave and administered the drugs, prosecuted for manslaughter
Kennedy- Supplied the drugs and made up syringe to the victim, victim injected himself. Kennedy not prosecuted however if he were under 18 he would have been prosecuted
This is a type of involuntary manslaughter where the defendant does not have the mens rea for murder
Is made up from 4 parts and all must be proven:
Unlawful act
Dangerous act
Causing death
Mens rea