Unlawful Act Manslaughter Flashcards
What is the definition of unlawful act manslaughter?
It has a four stage test that must be established
What is stage 1 of Unlawful Act Manslaughter?
“There must be an unlawful act (assault or battery)
UAMS- Stage 1 Key Law/Cases?
1) Khan & Khan- The act must be a positive act, not an omission
2) Franklin- It must be a crime not a civil wrong
Assault definition?
An act which can causes the V to apprehend immediate unlawful force. Lord Goff in (Collins V Wilcock)
Rule 1 of assault?
An act (Ireland) can be words, gesture, even silence. SIDE RULE- Letters (Constanza)
Rule 2 of assault?
The V mut apprehend force (Lamb). SIDE RULE-jokes (Logden)
Rule 3 of assault?
The threat of force must be immediate (Smith V Chief of Woking Police). SIDE RULE- words may negate an assault (Tuberville V savage)
Battery definition?
The actual infliction of unlawful force/contact. Lord Goff in (Collins V Wilcock)
Rule 1 of Battery?
Touching- The actual infliction of unlawful force/contact. SIDE RULE- indirect (Martin)
Rule 2 of battery?
Touching must be unlawful- hostile or aggressive (Wilson V Pringle)
UAMS- Stage 2 Definition?
The act must involve a risk of harm (fully objective test)
UAMS- Stage 2 Key law/Cases
(Church)-would a reasonable OBSERVING see a risk of harm?
(DPP V Newbury & Jones)- D does not need to be aware of the risk as long as a sober and reasonable person would.
UAMS- Stage 3 Definition?
Did the unlawful act cause the V’s death. This is an issue of causation
UAMS- Rule 1 of Stage 3?
Factual causation- But for the D’s actions, would the result have happened anyway? (White)
UAMS-
Rule 2 of Stage 3?
Legal Causation- Significant contribution- Were the D’s actions MORE THAN a slight or trifling link to the result? (Kimsey)
