Unlawful Acts Flashcards
What does unlawful act manslaughter mean
Where D does a lesser unlawful act, which involves a risk of harm, and the act leads to the death of a victim
How many stages are there for unlawful act manslaughter
4
What does stage 1 state
D must have committed an unlawful act
What does Franklin state
The unlawful act must be a crime, not a civil wrong
What does Khan and Khan state
The unlawful act must be positive act not an omission
What is the side rule for act 1 and what is the case
Mitchell - unlawful act can be an indirect act
What is stage 2 for unlawful act manslaughter
The unlawful act must involve a risk of harm
What does church state
Would a sober and reasonable person observing the act see a risk of harm
What is stage 3 for unlawful act manslaughter
The unlawful act must have caused the death
What are the three things u have to factor for causation
1, is the D the factual cause
2, is the D the legal cause
3, are there any causation issues
What is stage 4 for unlawful act manslaughter
The D must have the mens rea for the lesser unlawful act
What does Goodfellow state
D must have intended the lesser unlawful act
What is the mens rea for assault
intention to cause the victim to apprehend immediate unlawful personal violence or being reckless as to whether such apprehension is caused.
What case does the mens rea for murder come from.
Fagan
What is the men’s rea for battery
involves either intention or recklessness as to the application of force
