Unlawful Act Manslaughter

Question 1

Define unlawful act

Answer 1

Lesser unlawful act which causes death of the V

Question 2

How many stages are there for unlawful act

Answer 2

4

Question 3

What is stage 1 and the cases

Answer 3

Must be an unlawful act (assault or battery)
Khan & khan- positive act not omission
Franklin- crime not civil wrong

Question 4

What is stage 2 and the cases

Answer 4

Involve a risk of harm (objective)
Church- would a reasonable person see a risk of harm
DPP v Newbury & jones- D does not need to be aware of risk

Question 5

Stage 3 and their cases

Answer 5

Did act cause V’s death- causation
1) factual- but for test (white)
2)legal-significant contribution- slight or trifling link (kimsley)
3)causation issue?

Question 6

Stage 4 and their cases

Answer 6

Must have men’s fea to commit the lesser unlawful act (good fellow)

Question 7

What is the case for Assault

Answer 7

Lord Goff in Collins v Wilcock

Question 8

What is assault

Answer 8

An act that casuales the V to apprehend immediate unlawful force

Question 9

What are the 3 stages of assault

Answer 9

1) act (Ireland) words (side letters - Constanza)
2)apprehend(lamb) (side joke - logden)
3)threat immediate(smith v chief of Woking police) (side words negate assault- Tuberville v savage)

Question 10

Define battery

Answer 10

An actual infliction of force- contact

Question 11

What are the 2 stages of battery

Answer 11

1) touching (side- clothing-Thomas)
Indirect (Martin)
2)touching be unlawful-hostile (Wilson v Pringle)