UDMA

• What are the main topics covered in Criminal Law?

  Omissions, Causation, Mens rea, Non-fatals, Murder, Manslaughter, Attempted crimes, Theft, Robbery, Burglary, Self defence, Consent, Insanity, Automatism, Duress, Intoxication
• What is the difference between involuntary manslaughter and voluntary manslaughter?

  • Involuntary manslaughter is an offence.
  • Voluntary manslaughter is a defence to murder.
• What are the ways of committing involuntary manslaughter?

  Unlawful and Dangerous Act Manslaughter, Gross Negligence Manslaughter
• What must the defendant do for an unlawful act manslaughter charge?

  The defendant must commit an unlawful act that is dangerous and causes death.
• What is the principle established in Lamb [1967] regarding unlawful act manslaughter?


  For UDAM, there must be an unlawful act, and there was none in this case.
• What was the outcome of the Mitchell [1983] case regarding unlawful act manslaughter?

  The conviction was upheld because D had committed an unlawful act by punching the man.
• What principle was established in Goodfellow [1986] regarding unlawful act manslaughter?

  The unlawful act can be aimed at property as long as there is a risk of harm to people.
• What did the Church [1967] case establish about the test for dangerousness in unlawful act manslaughter?

  The test for dangerousness is objective, based on whether a reasonable person would realize the risk of some harm.
• What is required for factual and legal causation in unlawful act manslaughter?

  The unlawful act must cause death without any intervening act that breaks the chain of causation.
• What was the principle established in Cato [1967] regarding causation in unlawful act manslaughter?

  If D injects V with a drug, D will be guilty of UDAM as he has caused the death.
• What was the ruling in Kennedy [2007] regarding causation in unlawful act manslaughter?

  The victim injecting heroin himself was an intervening act that broke the chain of causation, leading to a quashed conviction.
• What principle was established in Newbury and Jones [1976] regarding mens rea in unlawful act manslaughter?

  The defendant only needs to have the mens rea for the unlawful act, not for the resulting death.
• What are the steps in the UDAM flowchart?

  1. There must be an unlawful act.

  • Lamb: no unlawful act
  • Franklin: must be criminal
  • Mitchell: doesn’t have to be aimed at the victim
  • Goodfellow: can be aimed at property

  1. The unlawful act must be dangerous.

  • Church: reasonable people must realize the risk of ‘some harm’

  1. D must be the cause of V’s death.

  • Factual, Legal, Chain

  1. D must have the mens rea for the unlawful act.

  • Newbury v Jones
• How should one approach answering a homicide problem question?

  • Define Murder
  • Recognize lack of malice aforethought
  • Identify Murder and Manslaughter (UDAM)
  • Define Manslaughter
  • Apply relevant cases (e.g., Lamb, Mitchell)
  • Explain the dangerousness of the unlawful act (e.g., Church)
  • Establish causation (Factual, Legal, Chain)
  • Confirm mens rea for the unlawful act (e.g., Newbury and Jones)
• What conclusion can be drawn about Lucas's liability for UDAM based on the provided steps?

  Lucas would be liable for UDAM as he committed an unlawful act with the mens rea to punch Nathan.