4. Involuntary Manslaughter Flashcards
1
Q
Define involuntary manslaughter
A
Unlawful killing where D has no intention, either direct or oblique to kill or cause GBH
2
Q
What are the 2 ways to commit involuntary manslaughter?
A
- Unlawful act manslaughter
- Gross negligence manslaughter
3
Q
What are the elements of involuntary manslaughter?
A
- D must do the unlawful act
- Act must be dangerous on the objective test
- Act must cause death
- D must have the required MR
- A civil tort is not enough (Franklin)
- Must be a criminal unlawful act (Lamb)
- Omission is not enough (Lowe)
4
Q
Examples of criminal acts that can lead to manslaughter
A
Arson - Goodfellow
Criminal damage - DPP v Newbury and Jones
Burglary - Watson
5
Q
What must the risk of harm be?
A
Physical (Dawson)
6
Q
Define gross negligence manslaughter
A
Where D owes V a duty of care, but breaches it in a negligent way, causing V’s death
7
Q
What are the 3 elements of the Caparo test?
A
- Proximity of relationship
- Reasonable foreseeability of harm
- Is it fair, just and right to impose a duty of care
8
Q
What must the negligence be?
A
Extreme (Adomako)
