Unlawful Act Manslaughter

Question 1

What is the charge associated with I-D?

Answer 1

I-D may be charged with involuntary manslaughter, specifically Unlawful Act Manslaughter.

Question 2

What is the first stage of the four-stage test for Unlawful Act Manslaughter?

Answer 2

Stage 1: There must be an unlawful act (assault or battery).

Key Law: Khan & Khan - The act must be a positive act, not an omission. Franklin - It must be a crime not a civil wrong.

Question 3

How is assault defined?

Answer 3

Assault is defined as an act which causes the victim to apprehend immediate unlawful force.

Lord Goff in Collins v Wilcock.

Question 4

How is battery defined?

Answer 4

Battery is the actual infliction of unlawful force; any touching of another person, however slight, can amount to a battery.

Lord Goff in Collins v Wilcock.

Question 5

What is the second stage of the four-stage test?

Answer 5

Stage 2: The act must involve a risk of harm (Fully objective test).

Key Law: Church - Would a reasonable person observing see a risk of harm?
DPP v Newbury & Jones - D does not need to be aware of the risk as long as a sober reasonable person would.

Question 6

What is the third stage of the four-stage test?

Answer 6

Stage 3: Did the unlawful act cause the victim’s death? This is an issue of causation.

Question 7

What is factual causation?

Answer 7

Factual causation asks: But for the defendant’s actions, would the result have happened anyway?

(White)

Question 8

What is legal causation?

Answer 8

Legal causation requires a significant contribution: Were the defendant’s actions more than a slight or trifling link to the result?

(Kimsey)

Then talk about possible causation issues.

Question 9

What is the fourth stage of the four-stage test?

Answer 9

Stage 4: The defendant must have the mens rea (intention) to commit the lesser unlawful act.

(Goodfellow)