Unlawful Act Manslaughter (Paper 1) Flashcards

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1
Q

What is the definition of unlawful act manslaughter

A

D does a lesser unlawful act, which involves a risk of harm, and the acts leads to the death of the victim

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2
Q

Stage 1 is D must commit a lesser unlawful act, such as

A

Assault or battery

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3
Q

Case which states the unlawful act must be a positive act, not an omission

A

Khan & Khan

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4
Q

What is the ruling from Franklin

A

Unlawful act must be a crime, not a civil wrong

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5
Q

Which case held that the unlawful act can be an indirect act

A

Mitchell

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6
Q

Stage 2 of unlawful act manslaughter

A

Unlawful act must involve a risk of harm (objective)

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7
Q

What is the key question to ask under Church

A

Would a reasonable person observing the act see a risk of harm?

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8
Q

Which case held it must be asked ‘would a danger be obvious to any sober and reasonable person?’

A

DPP v Newbury & Jones

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9
Q

Stage 3 of unlawful act manslaughter

A

The unlawful act must cause the death of the victim

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10
Q

Stage 4 of UAM

A

D must have the mens rea for the lesser unlawful act

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11
Q

Case which says D must have intention for the lesser unlawful act

A

Goodfellow

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