CRIMINAL LAW- involuntary m/s

Question 1

when do you use involuntary?

Answer 1

if d had no mr for murder but actions/omission still caused death (ar) guilty.

Question 2

two types of involuntary?

Answer 2

unlawful act m/s and gross negligence

Question 3

what is unlawful act m/s?

Answer 3

d has mr for murder with a sufficient degree of culpable conduct (unlawfulness) does unlawful and dangerous act with results of death to another

Question 4

what is unlawful act m/s also known as?

Answer 4

constructive m/s/dangerous act m/s

Question 5

what is the actually q of unlawful act m/s?

Answer 5

has d intentionally committed an unlawful act that is dangerous thereby creating a risk of harm to someone.

Question 6

what must there 1st be?

Answer 6

d needs to kill v (ar) but no mr

Question 7

what must it 1st begin with?

Answer 7

unlawful act itself

Question 8

what is an unlawful act?

Answer 8

must be a crime - civil wrong is not sufficient enough

crime must be fully proven e.g ar and mr therefor not strict liability

Question 9

cases for full crime?

Answer 9

r v mackie
r v williams & davies
r v goodfellow
dpp v newbury (criminal damage)
r v lamb (assault + failed)

Question 10

what must the act then be?

Answer 10

dangerous

Question 11

what must the act be dangerous to?

Answer 11

must be dangerous to the reasonable man in that there was a risk of some harm whether d himself foresaw or not

Question 12

who established act must dangerous?

Answer 12

Lord Salmon in dpp v newbury

Question 13

what test is dangerous act?

Answer 13

objective

Question 14

what are the cases for dangerous act?

Answer 14

r v dawson
r v watson
r v goodfellow

Question 15

what must the act then do?

Answer 15

did d’s act cause v death?- full rules of causation apply

Question 16

did d’s act cause v death what needs to be required here?

Answer 16

d’s act must be substantial cause of death (it need not be sole cause)

Question 17

case for cause?

Answer 17

corion-augstine

carey

Question 18

what is gross negligence m/s?

Answer 18

applicable where act of d not necessarily unlawful but leads to death of another due to negligence where d had d.o.c

Question 19

whats the 1st part of the ingredients?

Answer 19

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

Question 20

cases for does d owe d.o.c?

Answer 20

r v adamako

r v pitwood

Question 21

2nd require?

Answer 21

did d breach duty can be by positive act/omission

do usual r.m.t and special skill in accoun

Question 22

3rd require?

Answer 22

when done breach must be foreseeable risk of death unlawful act= harm

Question 23

case for breach foreseeable risk of death?

Answer 23

r v edwards r v finlay

Question 24

4th require?

Answer 24

did breach cause death (causation) needs to be substantial cause

Question 25

what is 5th require?

Answer 25

breach needs to be grossly negligent =criminal act to take away negligence

Question 26

who decides if grossly neg?

Answer 26

judge decides even though breach , d not liable unless jury feel. so bad amounts to criminal

Question 27

leading case for grossly neg?

Answer 27

r v bateman