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Involuntary Manslaughter (UAM) - Coggle Diagram
Involuntary Manslaughter (UAM)
Aka Constructive manslaughter: Constructing liability for death from the initial (Base) offence
This occurs when there is an unlawful act that is objectively dangerous and causes death (AR)
Via Positiva
Unlawful Act
Every element of the base offence must be satisfied — Lamb [1967]:
Must be a crime -- Franklin [1883]
Positive act (Lowe)
Objectively dangerous
Church [1966], per Edmund Davies
"the unlawful act must such as all sober [i.e. sensible] and reasonable people would inevitably recognise must subject the other person to, at least, the risk of some harm resulting therefrom, albeit not serious harm.
Objective
Dawson: The reasonable person in D's shoes, with any special knowledge (Herring, Criminal law, p.277)
Dangerous
The risk of some harm = risk of some physical injury
JM and SM [2012] -- Foresight is not necessary, only the risk of some harm (i.e. physical injury)
Act
causes
death (AR)
Here the standard principles of causation apply: The unlawful act must cause the death
Supply of Drugs
Kennedy (No. 2) [2007] -- If D supplies V with drugs, which V "self-injects", and dies = D is not the
legal
cause of V's death
To be guilty of UAM here, D must administer the drug directly to V