Unlawful Act Manslaughter

Question 1

Definition

Answer 1

This has a four stage test to be established

Question 2

Stage one

Answer 2

There must be an unlawful act (assault/battery). This must be a positive act not an omission (khan and khan). Must be a crime not a civil wrong (Franklin)

Question 3

Definition of assault

Answer 3

Lord goff in Collins v willcock- an act with causes v to apprehend immidiate unlawful force

Question 4

Definition of battery

Answer 4

Lord goff in Collins v willcock - the actual infliction of unlawful force

Question 5

Stage two

Answer 5

The act must involve a risk of harm. Would a sober and reasonable person observing see a risk of harm (church/ dpp v Newbury and jones)

Question 6

Stage three

Answer 6

Did the unlawful act cause v’s death.

Question 7

Factual causation

Answer 7

But for test (white)

Question 8

Legal causation

Answer 8

More than a slight or trifling link (Kimsey)

Question 9

Mens rea

Answer 9

The d must have the mens rea for the lesser unlawful act (goodfellow)