Unlawful Act Manslaughter Flashcards
What is the first sentence of unlawful act manslaughter
Defendants name may be charged with involuntary manslaughter, specifically unlawful act manslaughter
What must be established?
Four stage test
What does stage 1 tell us?
There must be an unlawful act (assault or battery)
What’s the key law
Khan & khan- the act must be a positive act not an omission
What does the case franklin imply?
It must be a crime not a civil wrong
What’s the definition of assault
Lord goff in collins v wilcock- An act which causes the victim to apprehend immediate unlawful force
What’s stage 1 of assualt
An act (Ireland) can be words, gestures, even silence. Side rule- letters (constanza)
What’s stage 2 of assault
The victim must apprehend force (lamb) side rule-jokes (logden)
Stage 3 of assualt and the case
What’s the side rule
The threat of the force must be immediate (smith v chief of woking police
Side rule- words may leave a negative an assault (tuberville v savage)
BATTERY
What’s the definition and case
Lord goff in (collins v wilcock)- the actual infliction of unlawful force
What’s stage 1 of battery •definition •side rule
Touching (Lord goff quote)
Side rule- clothing (Thomas)
Side rule - indirect (Martin)
What’s stage 2 of battery and the case
Touching must be unlawful - hostile or aggressive (Wilson v Pringle)
STAGE 2 of unlawful act manslaughter and the 2 cases and 1 key law.
Stage 2- the act must involve a risk of harm (fully objective test)
Key law- church- would a reasonable people observing see a risk of harm
DPP v newbury & jones - D does not reach not need to be aware of the risk as long as as a sober and reasonable person would
APPLY TO STAGE 2!
What is stage 3 of unlawful act manslaughter
Did the unlawful act cause the victims death. This is a issue of causation
Part 1 of stage 3 what causation? What case?
Factual causation- but for defendants actions would the result have happened anyway? (WHITE)
What is the next causation issue and the case
Legal causation - significant contribution - were the defendants actions more than a slight or trifling link to the result kimsey)
Would you list causation issues here?
Yes and their cases then apply to the scenario
Causation issues? And cases
Escape attempt- Robert’s
Bad medical treatment- Cheshire
V doesn’t seek medical treatment- Holland
Acts of 3rd party- Pagett
Life support- malcherick and steel
Thin skull rule- blaue
What is stage 4 of unlawful act manslaughter
The defendant must have the mens rea (intention) to commit the lesser unlawful act (goodfellow)
How do you apply stage 4?
Did Defendant intend to commit the assault or battery
