Unlawful act manslaughter

Question 1

Definition (involuntary manslaughter)

Answer 1

Unlawful act manslaughter has a four stage test which must be established

Question 2

Stage 1

Answer 2

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

Question 3

Stage 2

Answer 3

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

Question 4

Stage 3

Answer 4

Did the unlawful act cause the victims death. This is an issue of causation
1. factual causation WHITE
2.legal causation KIMSEY
3. any causation issues

Question 5

Stage 4

Answer 5

The D must have the mens rea to commit the lesser unlawful act (Goodfellow)