Criminal - Involuntary Manslaughter

Question 1

Types of Involuntary Manslaughter

Answer 1

1) Constructive manslaughter
2) Manslaughter by gross negligence
3) Causing death by supply of dangerous drugs

Question 2

Constructive Manslaughter

Answer 2

Intention/recklessness, not negligence
AR
a) Do an unlawful act
- Crime requires proof of intention/recklessness; can’t be negligence (R v Lamb)
- Any unlawful act (including burglary, theft etc.) (DPP v Newbury)
- Can’t be ommission (R v Lowe)

b) The unlawful act is dangerous:
- Must carry some risk of some harm (objective test) (R v Church)
- e.g. would a sober, reasonable person watching the act think it would be dangerous? (R v Watson)
- Burglary could amount to a dangerous act depending on circumstances (R v Birstow)

c) The unlawful act causes the Victim’s death (factual and legal)
Mens rea = The mens rea for the unlawful act.

Question 3

Gross Negligence Manslaughter

Answer 3

AR (R v Adomako) - consider the following:

a) DoC owed by D to V - decided by jury (Willoughby)
b) BoD - may be an omission, provided special relationship (Stone and Dobinson) contractual (Pittwood)/statutory duty to act or created dangerous situation (Miller)
c) Risk that D’s conduct could cause death - objective test (Singh)
d) Evidence that breach did cause death
e) Jury’s conclusion that D fell so far bellow standard of reasonable person that he can be labelled grossly negligent and deserving criminal punishment.

N.B - no MR

Question 4

Death by supply of dangerous drugs

Answer 4

AR: Administering / causing to be administered poison or causing another to take poison

N.B. - no MR