Involuntary Manslaughter - Unlawful Act Manslaughter

Question 1

What is the Definition of Unlawful Act Manslaughter?

Answer 1

Unlawful Act Manslaughter is an offence where the defendant commits a lesser unlawful act that involves a risk of harm and leads to the death of the victim. It requires a 4 stage test.

Question 2

What is Stage 1 of Unlawful Act Manslaughter?

Answer 2

Stage 1 states that the defendant must commit a lesser unlawful act. E.g. Battery or Assault.

Question 3

What is the Case of Khan and Khan for Unlawful Act Manslaughter?

Answer 3

The unlawful act must be a positive act not an omission​.

Question 4

What is the Case of Franklin for Unlawful Act Manslaughter?

Answer 4

The unlawful act must be a crime - not a civil wrong​.

Question 5

What is the Side Rule of Mitchell?

Answer 5

Indirect acts: the unlawful act can be an indirect act - this includes Transference of Malice.

Question 6

What is Stage 2 of Unlawful Act Manslaughter?

Answer 6

Stage 2 states that the unlawful act must involve a risk of harm this must be an objective test.

Question 7

What are the Cases of Church and DPP V Newbury and Jones for Unlawful Act Manslaughter?

Answer 7

Church states would a reasonable person observing the act see a risk of harm?​

DPP V Newbury & Jones states would the danger be obvious to any sober and reasonable person.​

Question 8

What is Stage 3 of Unlawful Act Manslaughter?

Answer 8

Stage 3 states that the unlawful act must have caused the death? You must go through all stages of causation: Factual and Legal Cause and any Causation Issues.

Question 9

What is Stage 4 and the Case of Unlawful Act Manslaughter?

Answer 9

Stage 4 states that the defendant must have the the mens rea for the lesser unlawful act. (Goodfellow)