Unlawful Act Manslaughter

Question 1

Involuntary manslaughter, specifically unlawful act manslaughter

Question 2

Stage 1- There must be an unlawful act (assault or battery)
Key law: khan and Khan The act must be a positive act not an omission
Franklin: it must be a crime not a civil wrong

Question 3

After assault or battery
Stage2- the act must involve a risk of harm
Key law: Church- would a reasonable person observing see a risk of the harm
DPP v Newbury & Jones: D does not need to be aware of the risk as a long as sober and reasonable person would

Question 4

Stage 3- Did the unlawful act cause the V’s death. This is an issue of causation
Factual: But for the D’s actions would the result have happend anyway (white)
Legal causation- significant contribution Were the D’s actions more than a slight or trifling link to the result (Kimsey)
Causes issues/ intervening acts?

Question 5

Stage4- The d must have the men’s Rea (intention) to commit the lesser unlawful act (Goodfellow)
Intent to commit the assault or the battery