(Crim) Involuntary Manslaughter Flashcards
R v Cato (1976)
Unlawful:
2 drug addicts injecting each other with morphine. D injected V with morphine who dies. The unlawful act was administering the drug not supplying it.
R v Dalby (1982)
Unlawful:
D supplied drugs to V who later died as a result. The act of supplying the drugs was not enough to constitute manslaughter.
R v Kennedy (2007)
Unlawful:
D supplied V with heroin which V injected immediately and died an hour later. CoA upheld the conviction making D an accomplice in the injection therefore being responsible.
R v Church (1967)
Dangerous:
D argued with a woman about being unable to satisfy her sexually and she slapped him. D knocked the woman out and thinking she was dead D pushed her into a river where she drowned. A reasonable person would see this as dangerous so the courts deemed it dangerous.
R v Newbury & Jones (1976)
Dangerous:
2 fifteen year old boys were throwing stones off a bridge. One which hit a train guard who later died. They were guilty as it was a dangerous act.
R v Lowe (1973)
Act (Not Omission):
D deliberately neglected a child who died. Deliberate omission cannot constitute constructive manslaughter.
R v Lamb (1967)
Mens Rea:
D killed his best friend with a revolver. He did not have the mens rea as both the friends though that the gun would not fire. D was not liable for his friends death.
R v Mitchell (1983)
Mens Rea:
D got into an argument with a 72 year old man in a post office queue. D pushed the man who fell into an 89 year old woman who died. The malice was transferred to the old woman and CoA upheld his conviction of manslaughter.
R v Adomako (1995)
Gross Negligence:
D was an anaesthetist during an eye operation. The first doctor left and D replaced him. An oxygen tube came disconnected and D failed to notice for 6 mins (An experienced doctor would’ve taken 30 seconds). D was guilty of Gross Negligence Manslaughter
R v Wacker (2002)
Duty Of Care:
D tried to smuggle 60 Chinese immigrants in his lorry to the UK. He closed the air vent to reduce suspicion. 58 were found dead. He was found guilty of GNM.
R v Khan & Khan (1998)
Duty Of Care:
2 Brothers gave a girl heroin and she collapsed at their flat and they did not do anything about it. They were found NOT guilty of GNM. But only due to a misdirection of the courts.
R v Becker (2000)
Breach of Duty:
Patient died of an overdose from the medicine that D (a doctor) had prescribed. D was guilty of GNM as he had fallen below the standard of care expected of an ordinary doctor.
R v Singh (1999)
Risk of Death:
V was a tenant who died of Carbon Monoxide poisoning. There was a foreseeable risk of death which made the landlord liable.
R v Broughton (2019)
Breach of Duty MUST Cause Death:
D gave his girlfriend drugs at Bestival. Filmed her over a number of hours when it was obvious she was unwell. D was convicted of manslaughter and supply of class A drugs. However after an appeal in 2020, the manslaughter conviction was quashed.
