UAM & GNM

unlawful act manslaughter (UAM) definition

It has a four stage test that must be established.

The first stage of UAM?

D must commit an unlawful act (assault or battery). Exam tip- apply the actus reus of assault or battery here. Franklin- the act must be a crime, not a civil wrong. Khan & Khan- the act must be a positive act, not an omission.

SR- the unlawful act can be indirect (Mitchell).

The second stage of UAM?

The unlawful act must involve a risk of harm (objective test). Church- would a reasonable person observing see a risk of harm. DPP v Newbury & Jones- a sober and reasonable person would have to have seen the danger.

The third stage of UAM?

The D must be the cause the V’s death. This is the factual (White) causation - “but for” test, and the legal (Kimsey) causation- significant contribution test.

The fourth stage of UAM?

The D must have had the mens rea of the lesser unlawful act (Goodfellow). Assault: intention to do an act which causes the V to apprehend immediate unlawful force. Battery: intention to inflict unlawful force on the V.

Gross negligence manslaughter (GNM) definition

Adamako- GNM has four stages that must be proved.

The first stage of GNM?

The D must owe the V a duty of care. Adamako- “ordinary principles of negligence apply”.

1) is it foreseeable that the V will be injured as a result of the D’s actions?

2) do they have a relationship of legal closeness? (Omissions: contractual duty- Pitwood. Voluntary duty- Gibbons & Proctor. Special relationship- Gibbons & Proctor. D creates a dangerous situation- Miller).

3) is it reasonable to give a duty to the D?

SR- if D & V are jointly engaged in a crime, they both owe each other a duty of care (Wacker).

The second stage of GNM?

The D must have breached a duty of care (Adamako). Has the D acted like a reasonable person or have they failed to reach the standards of a reasonable man?

The third stage of GNM?

The breach of duty must involve a risk of death (Misra).

The fourth stage of GNM?

The breach of duty must be gross. It must be so bad it ought to be considered a crime.