Unlawful Act Manslaughter Flashcards
1) I - D(name) may be __ with __ manslaughter, specifically unlawful __ manslaughter.
1) charged
2) involuntary
3) act
2) Unlawful act manslaughter has a __ stage test that must be __.
1) four
2) established
3) E- Stage 1 - There must be an __ act (assault or __)
1) unlawful
2) battery
4) Key Law: Khan & __ - The act must be a __ act, not an __.
1) khan
2) positive
3) omission
5) __ - it must be a crime not a __ wrong.
1) Franklin
2) civil
6) APPLY which __ assault you think is in your scenario - Apply FULLY the definition and __ __ of either an assault or a battery.
1) common
2) actus rea
7) Assault: Definition: Lord __ in Collins v __ - An act which causes the V to __ immediate unlawful __.
1) Goff
2) Wilcock
3) apprehend
4) force
8) 1. An act (__) - can be words, __, even silence. SIDE RULE - __ (Con__)
1) Ireland
2) gesture
3) letters
4) constanza
9). 2. The _ must apprehend force (__). SIDE RULE - jokes (__)
1) V
2) lamb
3) logden
10) 3. The __ of force must be immediate ( __ v chief of working police). SIDE RULE - words may __ an assault (tuberville v __)
1) threat
2) smith
3) negate
4) savage
11) Battery: Definition: __ Goff in __ v Wilcock - The actual __ of unlawful force.
1) Lord
2) Collins
3) infliction
12) 1. Touching (Lord Goff quote). SIDE RULE - clothing ( __ ). SIDE RULE - __ (Martin)
1) Thomas
2) indirect
13) 2. Touching must be unlawful - __ or aggressive (Wilson v __ )
1) hostile
2) aggressive
3) Pringle
14) E- Stage 2 - the act must __ a risk of harm ( __ __ __)
1) involve
2) fully objective test
15) Key Law: __ - Would a reasonable person __ see a risk of __?
1) church
2) OBSERVING
3) harm
16) DPP v __ & Jones - D does not need to be __ of the risk as long as __ and reasonable person would.
APPLY to the scenario.
1) Newbury
2) aware
3) sober
17) E- Stage 3 - Did the unlawful act cause the V’s __. This is an issue of __.
1) death
2) causation
18) 1. Factual causation - __ for the D’s actions, would the __ have happened anyway? ( __ )
1) but
2) result
3) white
19). 2. Legal causation - significant __ - were the D’s actions more than a __ or __ link to the result? ( __ )
1) contribution
2) slight
3) trifling
4) kimsey
20). 3. __ issues?
APPLY to the scenario.
1) causation
21) E- Stage 4 - The D must have the __ __ ( __ ) to commit the __ unlawful act (Goodfellow)
1) mens rea
2) intention
3) lesser
22) APPLY to the scenario - Did D intend to __ the __ or the battery.
1) commit
2) assault