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Questions and Answers
Which of the following misconceptions about the unlawful and dangerous act (UDAM) is incorrect?
Which of the following misconceptions about the unlawful and dangerous act (UDAM) is incorrect?
For a defendant (D) to be liable for involuntary manslaughter, the act must always be regarded as dangerous.
For a defendant (D) to be liable for involuntary manslaughter, the act must always be regarded as dangerous.
False
What is the significance of the 'Church' test in UDAM?
What is the significance of the 'Church' test in UDAM?
It assesses the peculiarities of the victim in determining liability.
The mental element required for an unlawful act may include intention or __________.
The mental element required for an unlawful act may include intention or __________.
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Which section of the law may charge serious harm resulting from a pin-prick if the victim has a condition like haemophilia?
Which section of the law may charge serious harm resulting from a pin-prick if the victim has a condition like haemophilia?
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A scratch can be considered a wound under the law.
A scratch can be considered a wound under the law.
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Match the case with its relevant aspect in involuntary manslaughter:
Match the case with its relevant aspect in involuntary manslaughter:
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What are the two main forms of Involuntary Manslaughter as summarized by Lord Mackay?
What are the two main forms of Involuntary Manslaughter as summarized by Lord Mackay?
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What is a key characteristic of a crime of basic intent?
What is a key characteristic of a crime of basic intent?
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Unlawful and Dangerous Act Manslaughter (UDAM) is a common law form of involuntary manslaughter developed by __________.
Unlawful and Dangerous Act Manslaughter (UDAM) is a common law form of involuntary manslaughter developed by __________.
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An unlawful act must lead directly to a victim's death for D to be liable under UDAM.
An unlawful act must lead directly to a victim's death for D to be liable under UDAM.
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Match the following charges with their definitions:
Match the following charges with their definitions:
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What should be carefully considered in exam questions involving multiple victims?
What should be carefully considered in exam questions involving multiple victims?
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What is the principle behind transferred malice?
What is the principle behind transferred malice?
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Involuntary Manslaughter requires a mens rea of murder.
Involuntary Manslaughter requires a mens rea of murder.
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What does UDAM stand for?
What does UDAM stand for?
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What is required for a new intervening act to break the chain of causation?
What is required for a new intervening act to break the chain of causation?
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Acts of medical intervention always break the chain of causation.
Acts of medical intervention always break the chain of causation.
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What must V's response to D's actions be in order for D to remain the operating and substantial cause of any injuries V suffers?
What must V's response to D's actions be in order for D to remain the operating and substantial cause of any injuries V suffers?
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If D stabs V but V later dies from a drug reaction due to a medical intervention, the chain of causation is ______.
If D stabs V but V later dies from a drug reaction due to a medical intervention, the chain of causation is ______.
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In which of the following cases would D NOT be liable for V's death?
In which of the following cases would D NOT be liable for V's death?
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Match the following cases with their key legal principles:
Match the following cases with their key legal principles:
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A natural event that is foreseeable can break the chain of causation.
A natural event that is foreseeable can break the chain of causation.
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Provide an example of a situation where D would not be liable due to V's own actions.
Provide an example of a situation where D would not be liable due to V's own actions.
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Which condition is NOT mentioned as an example of a recognised medical condition for the defense?
Which condition is NOT mentioned as an example of a recognised medical condition for the defense?
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Abnormality of mental functioning must arise from a recognized medical condition.
Abnormality of mental functioning must arise from a recognized medical condition.
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What does AOMF stand for?
What does AOMF stand for?
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Before the 2009 Act, the term 'abnormality of mind' was defined as a state of mind so different from that of ordinary human beings that the reasonable man would term it __________.
Before the 2009 Act, the term 'abnormality of mind' was defined as a state of mind so different from that of ordinary human beings that the reasonable man would term it __________.
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Match the following conditions with their descriptions:
Match the following conditions with their descriptions:
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What must be established by medical evidence in a defense involving AOMF?
What must be established by medical evidence in a defense involving AOMF?
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Chronic depression can be a recognized medical condition for the defense of diminished responsibility.
Chronic depression can be a recognized medical condition for the defense of diminished responsibility.
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Name one factor the AOMF must substantially impair.
Name one factor the AOMF must substantially impair.
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What must D provide to support the loss of control defense?
What must D provide to support the loss of control defense?
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A partial loss of control is sufficient to constitute a loss of control defense.
A partial loss of control is sufficient to constitute a loss of control defense.
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What does the fear trigger in loss of control relate to?
What does the fear trigger in loss of control relate to?
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The loss of control defense does not have to be _____.
The loss of control defense does not have to be _____.
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Match the following cases with their relevance to loss of control:
Match the following cases with their relevance to loss of control:
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Which statement best defines loss of control, according to Smith & Hogan?
Which statement best defines loss of control, according to Smith & Hogan?
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Examples such as temper and acting out of character qualify for loss of control.
Examples such as temper and acting out of character qualify for loss of control.
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What is required for D to show in order to invoke the fear trigger?
What is required for D to show in order to invoke the fear trigger?
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Study Notes
Chain of Causation
- A new intervening act must be an independent cause that is "so potent" that the original actions become insignificant.
- Breaks in the chain of causation are infrequent.
Acts of a Third Party
- Medical interventions can be pivotal; D’s actions remain the "operating and substantial cause" unless medical intervention is "palpably wrong" or overwhelming.
- Example cases:
- D stabbing V at R v Smith;
- Medical negligence like giving allergic drugs leading to death (R v Jordan) can break the chain.
- If life support decisions are made medically, the chain remains unbroken (e.g. R v Malcherek and Steel).
Victim's Own Acts
- If V’s actions are a reasonably foreseeable consequence of D's conduct, D retains liability.
- Examples:
- R v Roberts: V jumped from a moving car, injury resulted.
- R v Marjoram: V jumped from a building fearing an attack.
- Unreasonable responses (considered "daft") can break the chain (R v Williams and Davis).
- V’s voluntary choice to inject heroin breaks causation chain (R v Kennedy, No 2).
Natural Events
- Unforeseen natural events can also disconnect causation.
- Example cases:
- Killed by lightning after an attack results in no liability.
- Drowning due to incoming tides remains under D's liability, as tides are foreseeable.
Wounding and GBH
- Wounding is a significant consideration alongside GBH if skin integrity is broken.
- The definition of a wound depends on whether skin continuity is disrupted (R v Morris).
- Lesser charges such as s.20 or s.47 can be presented depending on evidence during trials.
Transferred Malice
- Flexibility exists in interpreting mens rea; if DL targets another and injures V, the intent transfers.
- Standards for liability vary between serious harm (s.18) and lesser harms (s.20, s.47).
Involuntary Manslaughter
- Defined as unlawful homicide without murder's mens rea.
- Main forms:
- Unlawful and Dangerous Act Manslaughter (UDAM)
- Gross Negligence Manslaughter (GNM).
Unlawful and Dangerous Act Manslaughter (UDAM)
- Developed through judicial precedents, characterized by basic intent.
- Requirements include the act being dangerous and a factual/legal cause of death.
- Objective test for foreseeability of harm applies; D does not need to foresee risk.
Mens Rea for UDAM
- Only required for the unlawful act itself.
- Transferred malice applies where D may be liable for harm caused to V whether intended or not.
Examination Considerations
- Be prepared to discuss both UDAM and GNM types or specify relevant forms of homicide in questions.
- Consider peculiarities of victims and their responses in establishing causation.
Loss of Control (LoC)
- A partial loss of control is insufficient; D must have significantly lost judgment in response to qualifying triggers.
- Loss of control can happen over a span of time, differing from previous provocation laws.
Qualifying Triggers for LoC
- Fear of serious violence from V or another party can justify a loss of control.
- Subjective assessments are made of D’s genuine fears related to the event leading to their action.
Recognized Medical Conditions (RMC)
- Abnormality of mental functioning must stem from recognized medical conditions (e.g., schizophrenia, chronic depression, autism).
- Medical evidence is required to validate claims regarding abnormal mental states in legal contexts.
Impairment from Abnormality
- Must substantially disable D’s ability to form rational judgment, exercise self-control, or comprehend their conduct.
- Sufficient evidence beyond merely claiming the defense must be provided by D.
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Description
Explore the complex principles of chain of causation in criminal law with this quiz. Delve into how intervening acts, medical interventions, and victim actions affect liability. Test your understanding with case examples like R v Smith and R v Roberts.
