Unlawful act manslaughter Flashcards
Definition
Unlawful act manslaughter has a four stage test which must be established
Stage 1
There must be an unlawful act (Assault or battery)
(Khan & Khan) the act must be a positive act and not an omission
(Franklin) it must be a crime and not a civil wrong
apply full actus reus of either assault or battery
Stage 2
The act must involve a risk of harm (Fully objective test)
(Church) would a reasonable person 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
Stage 3
Did the unlawful act cause the victims death. This is an issue of causation
1. factual causation
2.legal causation
3. any causation issues
Stage 4
The D must have the mens rea to commit the lesser unlawful act (Goodfellow)