Unlawful Act Manslaughter

Question 1

Opening line of application for unlawful act

Answer 1

D (name) may be charged with involuntary manslaughter, specifically Unlawful Act Manslaughter.

Question 2

Definition of unlawful act

Answer 2

Unlawful act manslaughter has a four stage test that must be established.

Question 3

What is stage 1

Answer 3

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 4

Khan and khan case?

Answer 4

The act must be a positive act not an omission

Question 5

Franklin case?

Answer 5

It must be a crime not a civil wrong

Question 6

What is the definition of assault

Answer 6

Assault: Definition: Lord Goff in Collins v Wilcock- An act which causes the V to apprehend immediate unlawful force.

Question 7

Stage 1 of assault

Answer 7

1) An act (Ireland)- can be words, gesture, even silence.
SIDE RULE- letters , emails , written texts (Constanza)

Question 8

What is the case for an act in stage 1

Answer 8

Ireland

Question 9

What is the side rule for stage 1

Answer 9

Letters emails , written texts (constanza)

Question 10

What is the side rule case for stage 1

Answer 10

Constanza

Question 11

What is stage 2 of assault

Answer 11

2) The V must apprehend force (Lamb).
SIDE RULE- jokes (Logden)

Question 12

What is the case for stage 2 of assault

Answer 12

Lamb

Question 13

What is the side rule for stage 2 of assault

Answer 13

Jokes

Question 14

Case for the side rule of jokes

Answer 14

Logden

Question 15

What is stage 3 of assault

Answer 15

3) The threat of force must be immediate (Smith v Chief of Woking Police).
SIDE RULE- words may negate an assault (Tuberville v Savage)

Question 16

Case for stage 3 of assault

Answer 16

Smith v chief of Woking police

Question 17

Side rule for stage 3 of assault

Answer 17

Words may negate an assault

Question 18

Side rule for stage 3 of assault case

Answer 18

Tuberville v savage

Question 19

Battery definition

Answer 19

Battery: Definition: Lord Goff in Collins v Wilcock- The actual infliction of unlawful force.

Question 20

Stage 1 of battery

Answer 20

1) Touching (Lord Goff quote).
SIDE RULE- clothing (Thomas).
SIDE RULE- Indirect (Martin)

Question 21

Case for side rule of clothing

Answer 21

Thomas

Question 22

Case for indirect touching

Answer 22

Martin

Question 23

Stage 2 of battery

Answer 23

2) Touching must be unlawful meaning hostile or aggressive (Wilson v Pringle)

Question 24

Case for unlawful touching

Answer 24

Wilson v Pringle

Question 25

Stage 2 of unlawful act

Answer 25

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 and reasonable person would.

Question 26

What is the case that says would a reasonable person see a risk of harm

Answer 26

Church

Question 27

What is the case that says a d does not need to be aware of the risk as long as a sober and reasonable person would

Answer 27

DPP v Newbury and Jones

Question 28

What is stage 3 of unlawful act

Answer 28

Stage 3- Did the unlawful act cause the V’s death. This is an issue of causation. 1) Factual causation- But for the D’s actions, would the result have happened anyway? (White) 2) Legal causation- Significant contribution- Were the D’s actions MORE THAN a slight or trifling link to the result? (Kimsey). 3) Causation issues?

Question 29

What is stage 4 of unlawful act

Answer 29

Stage 4- The D must have the mens rea to commit the lesser unlawful act (Goodfellow) Assault: Intention or recklessness to do an act which causes the V to apprehend immediate unlawful force Battery: Intention or recklessness to inflict unlawful force on The V.

Question 30

Men’s rea of assault

Answer 30

Assault: Intention or recklessness to do an act which causes the V to apprehend immediate unlawful force

Question 31

Men’s Rea for battery

Answer 31

Battery: Intention or recklessness to inflict unlawful force on The V.