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Criminal Law
Involuntary Manslaughter
Unlawful Act Manslaughter (UAM)
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Alisha Bicaku
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Cards (10)
AR of UAM?
An
unlawful
and
dangerous
act that causes
death.
Lamb?
Must be a
crime in itself
; if there is no initial
unlawful act
then there is no
UAM.
Lowe
?
It must be an act
,
it cannot
be an
omission.
Mitchell?
Unlawful act
does not need to be
aimed
at
V.
Goodfellow
?
Unlawful act
does not need to be
aimed
at
a a person.
Church (dangerous)?
Would the
sober
and
reasonable
person have realised the
risk
of
harm
?
Dawson (dangerous)?
Harm
means some
physical harm
;
S
&
R
bystander has same knowledge as
D
at
scene.
Unlawful act must cause death?
causation principles
may need to be applied if
relevant.
MR of UAM?
Only needed for the
initial unlawful act
(usually an
assault
/
battery
).
Newberry & Jones (MR)?
Objective test means
no
requirement for
D
themselves to
foresee
any
risk
of
harm.