Unlawful Act Manslaughter Flashcards

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1
Q

1) I - D(name) may be __ with __ manslaughter, specifically unlawful __ manslaughter.

A

1) charged
2) involuntary
3) act

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2
Q

2) Unlawful act manslaughter has a __ stage test that must be __.

A

1) four
2) established

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3
Q

3) E- Stage 1 - There must be an __ act (assault or __)

A

1) unlawful
2) battery

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4
Q

4) Key Law: Khan & __ - The act must be a __ act, not an __.

A

1) khan
2) positive
3) omission

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5
Q

5) __ - it must be a crime not a __ wrong.

A

1) Franklin
2) civil

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6
Q

6) APPLY which __ assault you think is in your scenario - Apply FULLY the definition and __ __ of either an assault or a battery.

A

1) common
2) actus rea

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7
Q

7) Assault: Definition: Lord __ in Collins v __ - An act which causes the V to __ immediate unlawful __.

A

1) Goff
2) Wilcock
3) apprehend
4) force

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8
Q

8) 1. An act (__) - can be words, __, even silence. SIDE RULE - __ (Con__)

A

1) Ireland
2) gesture
3) letters
4) constanza

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9
Q

9). 2. The _ must apprehend force (__). SIDE RULE - jokes (__)

A

1) V
2) lamb
3) logden

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10
Q

10) 3. The __ of force must be immediate ( __ v chief of working police). SIDE RULE - words may __ an assault (tuberville v __)

A

1) threat
2) smith
3) negate
4) savage

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11
Q

11) Battery: Definition: __ Goff in __ v Wilcock - The actual __ of unlawful force.

A

1) Lord
2) Collins
3) infliction

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12
Q

12) 1. Touching (Lord Goff quote). SIDE RULE - clothing ( __ ). SIDE RULE - __ (Martin)

A

1) Thomas
2) indirect

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13
Q

13) 2. Touching must be unlawful - __ or aggressive (Wilson v __ )

A

1) hostile
2) aggressive
3) Pringle

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14
Q

14) E- Stage 2 - the act must __ a risk of harm ( __ __ __)

A

1) involve
2) fully objective test

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15
Q

15) Key Law: __ - Would a reasonable person __ see a risk of __?

A

1) church
2) OBSERVING
3) harm

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16
Q

16) DPP v __ & Jones - D does not need to be __ of the risk as long as __ and reasonable person would.
APPLY to the scenario.

A

1) Newbury
2) aware
3) sober

17
Q

17) E- Stage 3 - Did the unlawful act cause the V’s __. This is an issue of __.

A

1) death
2) causation

18
Q

18) 1. Factual causation - __ for the D’s actions, would the __ have happened anyway? ( __ )

A

1) but
2) result
3) white

19
Q

19). 2. Legal causation - significant __ - were the D’s actions more than a __ or __ link to the result? ( __ )

A

1) contribution
2) slight
3) trifling
4) kimsey

20
Q

20). 3. __ issues?
APPLY to the scenario.

A

1) causation

21
Q

21) E- Stage 4 - The D must have the __ __ ( __ ) to commit the __ unlawful act (Goodfellow)

A

1) mens rea
2) intention
3) lesser

22
Q

22) APPLY to the scenario - Did D intend to __ the __ or the battery.

A

1) commit
2) assault