Unlawful Act Manslaughter (Paper 1)

Question 1

Definition of unlawful act manslaughter

Answer 1

D does a lesser unlawful act, which involves a risk of harm, and the acts leads to the death of the victim

Question 2

Stage 1 is D must commit a lesser unlawful act, such as

Answer 2

Assault or battery

Question 3

Case which states the unlawful act must be a positive act, not an omission

Answer 3

Khan & Khan

Question 4

Ruling from Franklin

Answer 4

Unlawful act must be a crime, not a civil wrong

Question 5

The unlawful act can be an indirect act

Answer 5

Mitchell

Question 6

Stage 2 of unlawful act manslaughter

Answer 6

Unlawful act must involve a risk of harm (objective)

Question 7

Question to ask under Church

Answer 7

Would a reasonable person observing the act see a risk of harm?

Question 8

Would a danger be obvious to any sober and reasonable person

Answer 8

DPP v Newbury & Jones

Question 9

Stage 3 of unlawful act manslaughter

Answer 9

The unlawful act must cause the death of the victim

Question 10

Stage 4

Answer 10

D must have the mens rea for the lesser unlawful act

Question 11

Case which says D must have intention for the lesser unlawful act

Answer 11

Goodfellow