Involuntary Manslaughter- Unlawful Act

Question 1

What is Unlawful Act Manslaughter?

Answer 1

When the D commits a lesser unlawful act, that involves a risk of harm, and leads to the death of the V
4 stage test

Question 2

Stage 1 of Unlawful Act Manslaughter

Answer 2

The D must commit a lesser unlawful act- Assault or Battery

Franklin- crime not a civil wrong
Khan/Khan- must be a positive act not an omission

Question 3

Side Rule of Unlawful Act Manslaughter

Answer 3

MITCHELL- the unlawful act can be an indirect act

Question 4

Stage 2 of Unlawful Act Manslaughter

Answer 4

The unlawful act must include a risk of harm
Objective test
CHURCH- would a reasonable person observing see a risk of harm

DPP v NEWBURY/ JONES- would a danger be obvious to any sober and reasonable person

Question 5

Stage 3 of Unlawful Act Manslaughter

Answer 5

The unlawful act must have caused the death
Causation Applies
WHITE
KIMSEY- slight of trifling link
Interviening Acts

Question 6

Stage 4 of Unlawful Act Manslaughter

Answer 6

The D must have intended the lesser unlawful act
GOODFELLOW

Question 7

Stage 3 of Unlawful Act Manslaughter
Intervening Acts

Answer 7

Blaue
Cheshire
Holland
Malcherick and steel
Padgett
Robert’s