involuntary manslaughter

Question 1

define unlawful act manslaughter

Answer 1

where defendant commits a lesser unlawful act that involves a risk of harm and leads to the death of the victim

Question 2

stage 1

Answer 2

defendant must commit an unlawful act eg assault or battery

Question 3

stage 1 cases

Answer 3

franklin-the unlawful act must be a crime not an civil wrong
khan and khan- the unlawful act must be a posotive act not an ommission

Question 4

side rule established

Answer 4

indirect act(mitchel)-the unlawful act can be an indirect act

Question 5

stage 2

Answer 5

the unlawful act must involve a risk of harm (objective test)

Question 6

stage 2 case

Answer 6

church- would a reasonable person observing the act see a risk of harm
DPP V Newsbury and jones-would a danger be obvious to any sober and reasonable person

Question 7

stage 3

Answer 7

the unlawful act must have caused the death

Question 8

stages of stage 3

Answer 8

1-is the defendant the factual cause of the victims death (but for tese in white)
2-is the defendant the legal cause of death (significant contribution kimsey)
3-are they any causation issues

Question 9

stage 4

Answer 9

the defendant must have the means rea for the lesser unlawful act

Question 10

established cases stage 4

Answer 10

goodfellow-defendant must have intendedn the lesser unlawful act