Criminal Offences Causing Death

Question 1

Constructive Manslaughter

Answer 1

1) Will apply when D has the AR for murder but not MR.
2) Death by an unlawful act (Lamb)
3) To establish CM you must set out the AR and MR of unlawful act.
4) The unlawful act can not be negligent e.g. dangerous driving, and it cannot be an omission (Lowe).
5) The act must be objectively dangerous (Church/Ball) and the act has to have caused the death (causation the same as murder).

Question 2

Gross Negligence Manslaughter

Answer 2

R v Adomako

1) a duty of care is owed from D to V
2) the has been a breach of that duty of care
3) a risk that D’s conduct could have caused death
4) evidence that the breach of duty did cause the death of victim
5) the conduct fell so far below the standard of a reasonable person that the act/conduct is considered criminal.

Question 3

Death by Careless Driving

Answer 3

Road Traffic Act 1988 S.2B - Drove without due care and attention or without reasonable consideration for the other people using the road/place. This then causes death (causation is the same for murder).

Question 4

Death by Dangerous Driving

Answer 4

Road Traffic Act 1988 S.1 - D drove so far below the standard expected of the careful and competent driver it would be obvious to the competent and careful driver that it would be dangerous. This then causes death (causation is the same for murder).

Question 5

Corporate Manslaughter and Corporate Homicide Act 2007

Answer 5

1) Qualifying organisation s.1(2)
2) Owes a relevant duty of care s.2(1) and (5)
3) Breaches duty (apply to facts)
4) Breach causes death (link/causation)
5) Breach is gross s.1(4)(b) and s.8
6) Substatial element of breach is in the way activities were managed or organised by senior management s.1(3), s.1(4)(c) and s.8.