Unlawful Act Manslaughter (Paper 1)

Question 1

What is the definition of unlawful act manslaughter

Answer 1

D does a lesser unlawful act, which involves a risk of harm, and the acts leads to the death of the victim. There is a four stage test that must be established.

Question 2

Stage 1 is D must commit a lesser unlawful act, such as

Answer 2

Assault or battery

Question 3

Case which states the unlawful act must be a positive act, not an omission

Answer 3

Khan & Khan

Question 4

What is the ruling from Franklin

Answer 4

Unlawful act must be a crime, not a civil wrong

Question 5

Which case held that the unlawful act can be an indirect act

Answer 5

Mitchell

Question 6

assault definition?

Answer 6

Lord Goff in (Collins v Wilcock) - An act which causes v to apprehend immediate unlawful force ~ has an assault been committed/is D in fear?

Question 7

battery definition?

Answer 7

Lord Goff in Collins v Wilcock - actual infliction of inlawful force / “Any touching of another person, however slight, can amount to a battery”. Has a battery been committed / Explain how.

Question 8

Stage 2 of unlawful act manslaughter

Answer 8

Unlawful act must involve a risk of harm (objective)

Question 9

What is the key question to ask under Church

Answer 9

Would a reasonable person observing the act see a risk of harm?

Question 10

Which case held it must be asked ‘would a danger be obvious to any sober and reasonable person?’

Answer 10

DPP v Newbury & Jones

Question 11

Stage 3 of unlawful act manslaughter

Answer 11

The unlawful act must cause the death of the victim

if no causation issue apply factual and legal causation

1) factual (White)
2) Legal (Kimsey)
3) Causation issues

Question 12

Stage 4 of UAM

Answer 12

D must have the mens rea for the lesser unlawful act

Question 13

Case which says D must have intention for the lesser unlawful act

Answer 13

Goodfellow