Unlawful Dangerous Act Manslaughter (UDAM) AO1

What does the case of Larkin set out?

That Unlawful Dangerous Act Manslaughter is a type of involuntary manslaughter.

What is element one?

D must commit an unlawful act

Must be a positive act, not an omission (Lowe).

It must be criminal (Franklin)

The unlawful act must be established (Lamb)

The act can be directed at property (Goodfellow)

What is Element Two?

The unlawful act must be dangerous.

The Church Test is used.

What does the Church Test state?

‘A sober and reasonable person would foresee the risk of some harm, albeit not serious harm.’

What is the meaning of ‘harm?’ What does it include?

‘Harm’ = physical harm

Fear is included- only if it’s obvious to a reasonable person that the victim is frail

What is Element Three?

The unlawful and dangerous act MUST cause death

What must be established (in element three)?

Factual Causation- But For test

What is the But For Test?

‘But For D’s actions or omissions, the end result would not have happened.’

What must the defendant also be/have?

D must be the legal cause- they must play a significant part in the death.

What case sets out the meaning of ‘significant part?’

Kimsey said a ‘significant part’ means ‘more than minimal’

What must not be present?

Intervening Acts which will break the chain of causation.

What Intervening Act does Blaue set out?

Egg Shell Skull Rule - ‘take your victim as you find them.’

(Pre-existing medical condition)

Intervening Act in the case of Roberts?

Victims own actions

Intervening Act in the case of Williams?

Act of a 3rd party/free will

Intervening Act in the case of Jordan?

Bad medical care

What is Element Four?

D must have the Mens Rea for the unlawful act, not the death

(Newbury&Jones)