UDA Manslaughter

Cards (49)

  • What is homicide?

    The killing of a human being by another, deliberately or not.
  • What are the three categories of homicide?

    1. Murder: AR + MR
    2. Voluntary Manslaughter: AR + MR of murder + special defence
    3. Involuntary Manslaughter: AR of murder, but no MR for murder
  • What is the definition of involuntary manslaughter?

    It involves the AR of murder, but not the MR for murder.
  • What does it mean when it is stated that D does not have the intention to kill in involuntary manslaughter?

    D lacks direct or oblique intention to kill or cause GBH.
  • How has involuntary manslaughter developed in common law?

    It has undergone significant case law development, making it an uncertain area of law.
  • What is the range of behavior covered by involuntary manslaughter?

    It covers behavior from highly blameworthy to carelessness.
  • What is the maximum sentence for involuntary manslaughter?

    Life imprisonment, but judges have discretion.
  • What are the two types of involuntary manslaughter?

    1. Unlawful and Dangerous Act Manslaughter
    2. Gross Negligence Manslaughter
  • What is the key difference between unlawful act manslaughter and murder?

    Unlawful act manslaughter has no MR for murder but has MR for an underlying unlawful act.
  • What must be established for a UDA manslaughter conviction?

    Unlawful Act, Dangerousness, Causing the Death, Mens Rea.
  • What type of act must cause the death in UDA manslaughter?

    The death must be caused by an unlawful act, not a civil wrongdoing.
  • What is an example of an unlawful act in UDA manslaughter?

    Assault: an act to make V apprehend immediate unlawful force.
  • What was the outcome of R v Lamb [1967]?

    D did not commit an unlawful act as he believed the gun would not fire.
  • What was the ruling in R v Lowe [1973] regarding omissions?

    There must be an act; omissions cannot constitute an unlawful act.
  • What does "unlawful" mean in the context of UDA manslaughter?

    It refers to an act that is criminal and not lawful.
  • What is the standard for determining dangerousness in UDA manslaughter?

    It must be objectively dangerous from the perspective of a reasonable bystander.
  • What did Edmund Davies J state about unlawful acts causing death?

    Such acts must subject the other person to the risk of some harm.
  • What was the outcome of R v Bristow [2013] regarding the burglary case?

    The convictions were upheld as a reasonable bystander would recognize the risk of harm.
  • What was the significance of R v Larkin [1943] in UDA manslaughter?

    The act need not be aimed at the victim to constitute manslaughter.
  • What does R v Mitchell [1983] illustrate about UDA manslaughter?

    An act calculated to harm one person can still result in manslaughter if it kills another.
  • What does UDA manslaughter require regarding the risk of harm?

    It must be such that all sober and reasonable people would recognize the risk of some harm.
  • What are the key cases related to dangerousness in UDA manslaughter?

    • R v Church [1965]: Established the standard for dangerousness.
    • R v Bristow [2013]: Highlighted the risk of harm in burglary.
    • R v Larkin [1943]: Confirmed that the act need not be aimed at the victim.
    • R v Mitchell [1983]: Demonstrated that harm to a bystander can result in manslaughter.
  • What is the legal standard for dangerousness in UDA manslaughter?

    It is determined by the perspective of a reasonable bystander.
  • What does the case of R v Goodfellow [1986] illustrate about UDA manslaughter?

    It shows that an act aimed at property can still be dangerous if it risks harm to others.
  • What is the key takeaway from the recap regarding dangerousness?
    Dangerousness is determined by the jury based on the risk of harm.
  • How does D's awareness of circumstances affect the dangerousness assessment?

    Juries can attach D’s acquired knowledge to the bystander in assessing dangerousness.
  • What does it mean that the actions of the elderly man in falling on V were entirely foreseeable?

    It means that the consequences of his actions could be anticipated and did not break the chain of causation.
  • Can an act calculated to harm A still result in manslaughter if it kills B?
    Yes, it can still be manslaughter even if the act was not aimed at V.
  • What is the definition of Unlawful (and Dangerous) Act Manslaughter?

    • An act that is unlawful and dangerous
    • Must be recognized by sober and reasonable people as posing a risk of harm
    • The act need not be aimed at the victim
  • What case is associated with the definition of dangerousness in unlawful act manslaughter?
    R v Goodfellow [1986]
  • What did D do in R v Goodfellow [1986] to be convicted of UDA manslaughter?

    D deliberately set fire to his property to appear as if it had been petrol bombed, resulting in deaths.
  • How is dangerousness determined according to the law?

    It is determined by the jury if the risk of harm is recognized by sober and reasonable people.
  • From whose perspective is dangerousness considered?
    From the perspective of the sober and reasonable person, which is an objective standard.
  • Which case shows that D's awareness of circumstances can be considered when deciding dangerousness?
    R v Bristow [2013]
  • What did R v Larkin/Mitchell establish about the aim of the act in UDA manslaughter?

    It established that the act need not be aimed at the victim.
  • What did R v Goodfellow clarify about the aim of the act?

    It clarified that the act can be aimed at property.
  • What must occur for D to cause death in drug cases?

    D must inject the drug into V with consent, resulting in V's death.
  • What is the unlawful act in drug cases according to R v Cato [1976]?

    The unlawful act is "administering a noxious substance" contrary to s23 Offences Against the Person Act 1861.
  • What happens in cases where V self-injects and then dies?

    D is not to blame if V self-injects and then dies.
  • What was the outcome of R v Carey [2006] regarding causation?

    The unlawful and dangerous act must have actually caused the death.