ULAM
Unlawful Act Manslaughter
- Liability was built up from a lesser crime
1 - Positive act
- Something has been done (Not an ommission)
2 - Unlawful act
- Criminal action, not a civil wrong (Assault/battery, ABH/GBH, Property offences, Criminal damage, Administration of a noxious substance.
R v Ball
- Shot the victim when he tried to climb over the wall, thinking shotgun had blanks
- Ended up killing the victim, and couldnt reduce convition
DPP v Newbury
- Throwing rocks off a bridge
- Killed a train driver, guilty of ULAM (Criminal damage MR)
R v Lamb
- Had a gun without knowledge of how it works, ended up shooting his friend.
- ULAM
3 - Dangerous act
- Objective test = A reasonable person must recognise the act of the defenddnat would amount to "some harm", but the exact type doesnt have to be specified.
R v Church
- Prostitute teases a man she sleeps with regularly, ending in him hitting her and dumping her 'dead' body in a river.
- Died of drowning, not her injuries
- ULAM
R v JM and SM
- Must be a risk of physical harm (Emotional harm is not enough).
R v Goodfellow (Property)
- Church rule applies to property (reasonable person)
R v Dawnson (Fear)
- Fear of a situation such as a robbery is not enough
4 - The postive act is done with the appropriate mens rea
- Must have the necessary MR leading to the victims death
- DPP v Newbury again
5 - Causes the death of the victim
- All causation applied and interviening acts
R v Cato (Drug)
- Adminstration of noxious substances constitues ULAM
R v Kennedy (Drug)
- Third party can break the chain of causation in relation to administration