UNLAWFUL ACT MANSLAUGHTER

Cards (7)

  • Unlawful act manslaughter is defined as an unlawful and dangerous act that results in the victims death.
  • The unlawful act can be either common assault or battery, where the actus reus must be applied.
  • The act must then be dangerous, which R v Church used to create the reasonable person test for. Would a sober and reasonable person realise the risk of some harm in the same circumstances.
  • Larkin states that only some harm has to be foreseen, not serious.
  • Normal rules of causation apply for UAM, in White and Kimsey.
  • Mens rea for UAM is the mens rea of the common assualt/battery, of intent (Mohan) and recklessness (Cunningham)
  • The sentence for UAM is life imprisonment.