Unlawful Manslaughter

Question 1

is unlawful m/s a defence or a crime?

Answer 1

a crime

Question 2

what is unlawful m/s?

Answer 2

where the d commits a lesser unlawful act that involves a risk of harm and leads to the death of the V

4 stages to prove

Question 3

stage 1 - unlawful m/s

Answer 3

there must be an unlawful act

Question 4

stage 1 - unlawful m/s: key law + cases

Answer 4

khan & khan - the act must be a positive act (physically doing it)’ not an omission

franklin - it must be a crime and not a civil wrong

Question 5

AR - assault

Answer 5

Lord Goff (collins v wilcock) - an act which causes the V to apprehend immediate unlawful force

1) an act (ireland) - can be words, gestures, even silence
SIDE RULE (constanza) - letters

2) the v must apprehend force (lamb)
SIDE RULE (logden)- jokes

3) the threat of force must be immediate (smith v chief of woking police)
SIDE RULE (tuberville v savage) - words may negate an assault

Question 6

stage 2 - unlawful m/s

Answer 6

the unlawful act must involve a risk of harm - objective test

Question 7

stage 2 - unlawful m/s: key law + cases

Answer 7

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 as long as a sore and reasonable person would

Question 8

stage 3 - unlawful m/s

Answer 8

did the unlawful act cause the V’s death - causation issue

1) factual causation - but for the d’s actions, would he result have happened anyway? (white)
2) legal causation - were the d’s acton’s more than a slight or trifling link to the result? (kimsey)
3) causation issues?

Question 9

stage 4 - unlawful m/s

Answer 9

the d must have the MR to commit the lesser unlawful act (Goodfellow)

Question 10

AR - battery

Answer 10

lord goff (collins v wilcock) - the actual infliction of unlawful force

1) touching
SIDE RULE (martin) - indirect

2) touching must be unlawful (wilson v pringle) - hostile or aggressive