[]the defendants act caused the death of the victim;
[]the defendants act constituted a criminal offence in itself;
[]the defendant had the mens rea appropriate to the unlawful act which caused the victims death; and
[]the defendants unlawful act is objectively recognised as subjecting the victim to the risk of some physical harm, albeit not necessarily serious harm.
[/INDENT]Unlawful act manslaughter will be the most appropriate charge when there is evidence to prove that a vehicle is used as an instrument of attack (but where the necessary intent for murder is absent) or to cause fright and death results.
Well not really wrong. Negligence of behaviour covers the first point listed there. I appreciate I didn't cover all four points, nor did I use the exact wording. However, I was citing what I felt was the most relevant point.
Well not really wrong. Negligence of behaviour covers the first point listed there. I appreciate I didn't cover all four points, nor did I use the exact wording. However, I was citing what I felt was the most relevant point.