Unlawful act manslaughter Flashcards

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1
Q

Definition

A

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

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2
Q

Stage 1

A

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

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3
Q

Stage 2

A

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

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4
Q

Stage 3

A

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

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5
Q

Stage 4

A

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

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