Unlawful Act Manslaughter Flashcards
What is the definition for unlawful act manslaughter?
Unlawful act manslaughter is where the defendant commits a lesser unlawful act that involves a risk of harm and leads to the death of the victim.
What is stage one of unlawful act manslaughter?
Stage one- The defendant must commit an unlawful act (assault or battery e.g)
What are the side rules for stage one of unlawful act manslaughter?
Khan and khan- the act must be a positive act, not an ommission.
Franklin- the act must be a crime not a civil wrong.
What is stage two of unlawful act manslaughter?
Stage two- the act must involve a risk of harm (fully objective test)
What is the key law for stage two?
Church- would a reasonable person observing see a risk of harm?
DPP vs Newbury and jones- defendant does not have to be aware of risk if any sober and reasonable person would be.
What is stage three of unlawful act manslaughter?
Did the unlawful act cause the victims death? This is an issue of causation.
What is stage four of unlawful act manslaughter?
The defendant must have the men’s rea/ intention to commit the lesser unlawful act.
(Goodfellow)
