CRIMINAL LAW- involuntary m/s Flashcards
when do you use involuntary?
if d had no mr for murder but actions/omission still caused death (ar) guilty.
two types of involuntary?
unlawful act m/s and gross negligence
what is unlawful act m/s?
d has mr for murder with a sufficient degree of culpable conduct (unlawfulness) does unlawful and dangerous act with results of death to another
what is unlawful act m/s also known as?
constructive m/s/dangerous act m/s
what is the actually q of unlawful act m/s?
has d intentionally committed an unlawful act that is dangerous thereby creating a risk of harm to someone.
what must there 1st be?
d needs to kill v (ar) but no mr
what must it 1st begin with?
unlawful act itself
what is an unlawful act?
must be a crime - civil wrong is not sufficient enough
crime must be fully proven e.g ar and mr therefor not strict liability
cases for full crime?
r v mackie r v williams & davies r v goodfellow dpp v newbury (criminal damage) r v lamb (assault + failed)
what must the act then be?
dangerous
what must the act be dangerous to?
must be dangerous to the reasonable man in that there was a risk of some harm whether d himself foresaw or not
who established act must dangerous?
Lord Salmon in dpp v newbury
what test is dangerous act?
objective
what are the cases for dangerous act?
r v dawson
r v watson
r v goodfellow
what must the act then do?
did d’s act cause v death?- full rules of causation apply
did d’s act cause v death what needs to be required here?
d’s act must be substantial cause of death (it need not be sole cause)
case for cause?
corion-augstine
carey
what is gross negligence m/s?
applicable where act of d not necessarily unlawful but leads to death of another due to negligence where d had d.o.c
whats the 1st part of the ingredients?
does d owe a d.o.c? - d.o.c btw d and v - normal rules of neg apply
could be type you see in omissions
cases for does d owe d.o.c?
r v adamako
r v pitwood
2nd require?
did d breach duty can be by positive act/omission
do usual r.m.t and special skill in accoun
3rd require?
when done breach must be foreseeable risk of death unlawful act= harm
case for breach foreseeable risk of death?
r v edwards r v finlay
4th require?
did breach cause death (causation) needs to be substantial cause
what is 5th require?
breach needs to be grossly negligent =criminal act to take away negligence
who decides if grossly neg?
judge decides even though breach , d not liable unless jury feel. so bad amounts to criminal
leading case for grossly neg?
r v bateman
