Criminal 2 - Involuntary Manslaughter

Question 1

What are the two types of Manslaughter?

Answer 1

• Voluntary Manslaughter
• Involuntary Manslaughter

Question 2

What defence can reduce a murder offence to voluntary manslaughter?

Answer 2

If D is:

• loss of control
• diminished responsibility

Question 3

What are the 2 types of involuntary manslaughter?

Answer 3

• Unlawful act: kills someone while committing an unlawful act (but no mens rea for murder)
• Gross negligence: D breached DoC to V causing death

Question 4

What requirements are there to prove unlawful act involuntary manslaughter?

Answer 4

• D intentionally (voluntarily) did an act
• Act was unlawful
• Unlawful act was objectively dangerous.
• Unlawful act caused death of victim: factual & legal causation

(Burglary of elderly man & heart attack)

Question 5

Unlawful act involuntary manslaughter - what does dangerous mean?

Answer 5

• some harm but need not be serious
• judged objectively with D’s knowledge at time.
• harm foreseen = physical not emotional
• harm foreseen need not be harm actually caused
  (Robbed petrol station wouldn’t know of dodgy heart v’s robbed frail old man)

Question 6

What are the cases on unlawful act involuntary manslaughter?

Answer 6

• D pointed gun at friend for a joke, neither party thought there was a risk, V was shot. No unlawful act therefore no unlawful act involuntary manslaughter.
• Landlord removed patron from pub, V fell down stairs and died. Reasonable force therefore no assault therefore no unlawful act involuntary manslaughter.

Question 7

Unlawful act manslaughter, what does dangerous act harm mean?

Answer 7

• some harm but need not be serious
• judged objectively with D’s knowledge at time.
• harm foreseen = physical not emotional
• harm foreseen need not be harm actually caused
  (Robbed petrol station wouldn’t know of dodgy heart v’s robbed frail old man)

Question 8

Unlawful act manslaughter, what does caused death mean (drugs)

Answer 8

Inject drugs - offence and cause
Supply drugs - if freely and voluntarily self administered then no cause.

Question 9

What requirements are there to prove gross negligence involuntary manslaughter
?

Answer 9

1. Existence of a DoC
2. Breach of that DoC (act or omission)
3. Breach caused death (factual & legal)
4. Obvious Risk of death (death, not injury/serious injury)
5. Serious enough for gross negligence (amounts to criminal act or omission)

• carbon monoxide poisoning ✅
• slumped drug user no help ✅

Question 10

What medical cases are there on gross negligence involuntary manslaughter?

Answer 10

• anaesthetist didn’t check oxygen tube - guilty
• Dr didn’t check on V, ignored advice from nurses and other doctors - guilty
• Junior doctors asked for help - not Grossly negligent
• Several tenants complained of Gas fires - maintenance man guilty

Question 11

What requirements are there to prove gross negligence manslaughter - what does risk of death mean?

Answer 11

Means risk of death not serious harm
- Optometrist missed check ❌