Unlawful Act Manslaughter

Question 1

D may be charged with…

Answer 1

Involuntary manslaughter specifically unlawful act manslaughter

Question 2

UAM has a…

Answer 2

4 stage test that must be established

Question 3

Stage 1-

Answer 3

There must be an unlawful act
(Assault or battery)

Question 4

Khan&Khan-

Answer 4

Act must be a positive act not an omission

Question 5

Franklin-

Answer 5

Must be a crime not a civil wrong

Question 6

Assault-

Answer 6

Lord goff in Collins v Willcock
“Act which causes V to apprehend immediate unlawful force”

Question 7

Battery-

Answer 7

Lord goff in Collins v willcock- “the actual infliction of unlawful force”
“Touching must be hostile and aggressive” Wilson v Pringle

Question 8

Stage 2-

Answer 8

Act must involve risk of harm

Question 9

Church-

Answer 9

“Would reasonable person observing be able to see a risk of harm?”

Question 10

DPP v Newsbury & Jones

Answer 10

“D does not need to be aware of risk as long as a sober reasonable person is”

Question 11

Stage 3-

Answer 11

Did unlawful act cause Vs death?

Question 12

Factual causation-

Answer 12

But for the Ds action would the result have happened anyway (White)

Question 13

Legal causation

Answer 13

Did D make a significant contribution? More than a slight or trifling link? (Kimsey)

Question 14

Stage 4-

Answer 14

D must have MR (intention) to commit lesser unlawful act