Chapter 4 - Involuntary Manslaughter Flashcards
What is involuntary manslaughter?
Involuntary manslaughter is an unlawful killing where the defendant does not have the intention, either direct or oblique, to kill or cause grievous bodily harm
What distinguishes involuntary manslaughter from murder?
The lack of intention
What is the maximum sentence of involuntary manslaughter?
Life imprisonment
Does the judge have discretion when sentencing a charge of involuntary manslaughter?
Yes, they have discretion to impose a sentence which is suitable for the particular circumstances of the offence, and in some circumstances the judge may even impose a non-custodial sentence
What are the 2 main ways of committing involuntary manslaughter?
(1) unlawful act manslaughter
(2) gross negligence manslaughter
What is the other name for unlawful act manslaughter?
Constructive manslaughter
Why is unlawful act manslaughter also known as constructive manslaughter?
Because the liability for the death is built up or constructed from the fact that the D has done a dangerous unlawful act which caused the death
What is the definition of unlawful act manslaughter?
Where the defendant causes a death through doing an unlawful act that is objectively dangerous with the necessary mens rea for the unlawful act
What are the 4 elements of unlawful act manslaughter?
(1) the defendant must commit an unlawful act
(2) the act must be dangerous on an objective test
(3) the act must cause death
(4) the defendant must have the required mens rea for the unlawful act
Can the unlawful act be a civil wrong?
No, the unlawful act must be a criminal offence
Which case held that a civil wrong is not enough to create liability for unlawful act manslaughter?
R v Franklin (1883)
What case illustrates that there must be a criminal unlawful act?
R v Lamb (1967)
Can an omission create liability for unlawful act manslaughter?
No, there must be an act
Which case shows that an omission cannot create liability for unlawful act manslaughter?
R v Lowe (1973)
Must the unlawful act be dangerous on an objective test?
Yes
What was held in the case of R v Church (1965)
It was held that the risk need only be of ‘some harm’ and this harm need not be serious
What is the objective test for a dangerous act?
If a sober and reasonable person realises that the unlawful act might cause some injury, then this part of the test for unlawful act manslaughter is satisfied
Does it matter whether the defendant did not realise there was any risk of harm to another person?
No, because the test is not subjective
Which case illustrates both the need for an unlawful act and an objective risk of some harm?
R v Larkin (1943)
Must the unlawful act be aimed at the victim?
No, as in the case of R v Larkin where the assault was against the man but the woman died
Is it necessary for the sober and reasonable person to foresee the particular type of harm?
No, it is enough that the sober and reasonable person would foresee some harm
In which case was it illustrated that the D only needed to foresee some harm and not the particular type of harm?
R v JM and SM (2012)
Can the unlawful act be aimed at property?
Yes, provided it is ‘such that all sober and reasonable people would inevitably recognise must subject another person to, at least, the risk of some harm’
Which case illustrated that an unlawful act can be aimed at property?
R v Goodfellow (1986)
The ‘risk of harm’ refers to physical harm, so if something causes fear and apprehension is this sufficient?
No
In what case was it illustrated that fear and apprehension is not sufficient for the ‘risk of harm’?
R v Dawson (1985)
What is the exception as to when fear and apprehension can amount to the ‘risk of harm’?
Where a reasonable person would be aware of the victim’s frailty and the risk of physical harm to them, then the defendant will be liable?
Under the Church definition, is burglary a dangerous unlawful act?
No
When can a burglary amount to a dangerous unlawful act?
If a burglary is carried out in such as way that the circumstances of the commission of the offence make it dangerous, then this may amount to an unlawful act
In which case did burglary amount to a dangerous unlawful act?
R v Bristow, Dunn and Delay (2013)
Must the unlawful act cause death?
Yes
What causes a break in the chain of causation?
An intervening act
In which type of cases has causation been an issue?
In drug related cases
Which case illustrates that if the D injects the drug into V, then there is no break in the chain of causation?
R v Cato (1976)
Which 4 cases are associated with causation and drug?
(1) R v Cato (1976)
(2) R v Dalby (1982)
(3) R v Kennedy (2007)
(4) R v Evans (2009)
What is the name for the the offence of injecting another with drugs?
Administering a noxious substance contrary to s 23 OAPA 1861
What is the mens rea for unlawful act manslaughter?
It must be proved that the defendant had the mens rea for the unlawful act committed
Is it necessary for the defendant to realise that the act is unlawful or dangerous?
No
What case makes it clear the the D does not have to realise that the act is unlawful or dangerous?
DPP v Newbury and Jones (1976)
What is gross negligence manslaughter?
A form of involuntary manslaughter committed where D is grossly negligent in breach of a duty of care towards V and this results in V’s death
Does the negligence have to be more than just civil negligence?
Yes, the negligence has to be so bad as to amount to criminal negligence