Unlawful Act Manslaughter

Question 1

Definition

Answer 1

Where D commits a lesser unlawful act that involves a risk of harm
Franklin - The unlawful act must be a crime not a civil wrong

Question 2

Stage 1 - D must commit an unlawful act

Answer 2

This act must involve a risk that someone may be harmed e.g. an assault or battery
Khan and Khan - failed to get help for a drug overdose, the court held an omission can not amount to an unlawful act
Kennedy - free, deliberate, informed drugs will break chain

Question 3

Stage 2 - the unlawful act must involve a risk of harm

Answer 3

R v Church - would a reasonable person see the risk of harm?
DPP V Newbury & Jones - D need not be aware of the danger as long as any sober and reasonable person would
Dawson - heart attack during robbery - not obvious
Watson - assaulted and died - obvious

Question 4

Stage 3 - unlawful act must have caused the death

Answer 4

Mitchell - could be an indirect act
Good fellow - 4 stage test
1) did D intend to commit the unlawful act?
2) was it unlawful?
3) did it involve a risk of harm?
4) did it cause V's death?