Homicide checklist:

Discuss AR of murder

• Voluntary act
• Causing death

Then consider whether there was MR

• Intention to kill or cause GBH;
• Recklessness as to death or GBH

If the MR for murder cannot be proven, consider the alternatives

• Unlawful and dangerous act manslaughter
• Negligent act manslaughter
• Or negligent manslaughter by omission
• Distinguish between an act or omission, never do it simultaneously.

Unlawful and dangerous act manslaughter:

AR has 3 elements:

1. An unlawful act, and no defences or lawful excuses

   • pick the offence, must prove AR and MR of that offence
   • MR for s 16 is very similar to murder, probably better to choose common assault, s 18 or a threat etc.
   • Cant just say there was an assault, say it was common assault under Fagan, AR etc.
   • Requires a breach of criminal law, not civil law.
     • Must consider whether the elements of the alleged criminal offence are satisfied on the facts.

2. Caused the death of the victim

   • Substantial / operating cause, etc

3. A reasonable person would have realised that the unlawful act was exposing others to an appreciable risk of serious injury (objective test)

   • Avoid hypotheticals, state precisely and youll be fine, it is an intuitive discussion.