Unlawful act manslaughter

Question 1

Unlawful act Manslaughter introduction

Answer 1

• D may be charged with involuntary manslaughter, specifically unlawful act manslaughter

Question 2

Stage 1 of unlawful act manslaughter

Answer 2

The D must have committed a lesser unlawful act (assault or battery)
-Khan & Khan rules this must be a positive act, and not an omission
- (Franklin) rules this must be a crime, and not a civil wrong
- Explain and apply which lesser unlawful act is committed

Question 3

Stage 2 of Unlawful act manslaughter

Answer 3

The act must involve a risk of harm
-(Church)- Would a reasonable person observing see a risk of harm?
-(DPP v Newbury & Jones)- the D does not need to be aware of this as long as a reasonable person observing would be.

Question 4

Stage 3 of unlawful act manslaughter

Answer 4

Did the unlawful act cause the death of the V?
1) Factual causation- but for test (White)
2)Legal causation- more than a slight or trifling link (Kimsey)

Question 5

Stage 4 of unlawful act manslaughter

Answer 5

The D must have the mens rea for the lesser unlawful act (Goodfellow).