UAM Model Essay Plan

• Involuntary manslaughter is defined as the unlawful killing without malice aforethought. It can be committed in two different ways - by an unlawful and dangerous act or by gross negligence.
• Prima facie, the defendant (state name) could be charged with the common law offence of unlawful act manslaughter in relation to the victim (state name), death. Under this offence, there are 4 elements which must be satisfied; that there was an unlawful act, which was objectively dangerous, that caused death and the mens rea for the unlawful act was present.
• Firstly, there must be an unlawful act. The unlawful act must be a criminal act (R v Lamb) not an omission (Lowe) or a civil wrong (tort) (Franklin).
• The unlawful act must also be dangerous which is an objective test set out by Lord Edmund Davies in R v Church, who defined it as being where 'a reasonable and sober person would recognise some harm, albeit not serious harm' to the victim from the defendant's actions.
• The unlawful and dangerous act of (state what it was) must cause death to prove whether the d has satisfied the rules on causation Factual causation can be established using the 'but for' test.
• Legal causation can/cannot be proven as the d is/is not de minimis (Kimsey); more than a minor cause of (state what they did) as (apply). Also, the d is/isn't also the operating and substantial cause of the d's death (Smith) and is/isn't the most to blame because (Apply).
• Consider if any NIA occur and apply
• The final element for unlawful act manslaughter us that the d must have the relevant mens rea for the unlawful act committed (DPP v Newbury and Jones) ie for (apply to what it was).
• *Check for transferred malice*
• In conclusion, the d will/will not be convicted of unlawful act manslaughter. If convicted, a directionary sentence of up to life.