Unlawful Act MS

Question 1

definition and stages

Answer 1

where the d does a lesser unlawful act which involves a risk of harm and leads to the vs death
4 stage test established

Question 2

stage 1 and cases

Answer 2

there must be an unlawful act assault or battery
(Khan&khan) must be a positive act not an omission
(Franklin) must be a crime not a civil wrong

Question 3

Stage 2

Answer 3

Act must involve a risk of harm (objective)
(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 if a sober and reasonable person would

Question 4

Stage 3

Answer 4

did the unlawful act cause death, issue of causation

Question 5

Issues of causation

Answer 5

Factual but for test, would the result had happened anyway (White)

Legal significant contribution, were the ds actions more than slight or trifling link (Kimsey)

causation issues

Question 6

stage 4

Answer 6

d must have the men’s rea, the intention to commit the lesser unlawful act (Goodfellow)