FATAL OFFENCE- INVOL MS

Question 1

INVOLUNTARY MANSLAUGHTER

Answer 1

UAM AND GNM

Question 2

UNLAWFUL ACT MS

Answer 2

D commits unlawful dangerous act which results in death

Question 3

1. UNLAWFUL ACT

Answer 3

A criminal offence(non fatal offence)
[LAMB]

Question 4

2. DANGEROUS ACT

Answer 4

The sober and reasonable man would recognise the situation was dangerous. Foreseeable danger.
[CHURCH]

Question 5

3. MUST CAUSE DEATH

Answer 5

Causation
But for- [PAGETT]
Operating & substantial [BENGE]

Question 6

4. MENS REA OF UNLAWFUL ACT

Answer 6

Must be accompanied with the ar, doesn’t need to be intention.
[LE BRUN]

Question 7

GROSS NEGLIGENCE MANSLAUGHTER

Answer 7

Where D’s negligent act caused the death of V.
[ADOMAKO]

Question 8

1. DUTY OF CARE BETWEEN D AND V

Answer 8

There must be a duty connection between both D and V.
[PITWOOD]

Question 9

2. BREACH OF DUTY

Answer 9

D’s negligence was below the standard of man in their position.
[FINLAY]

Question 10

3.GROSS & RISK OF DEATH

Answer 10

“Disregard for the life and safety of others”
[BATEMAN]

Question 11

4. CAUSES DEATH

Answer 11

V must die caused by D’s gross negligence

Question 12

5. GNM IS CONSIDERED CRIMINAL BY JURY

Answer 12

the gross had to be so bad, it is deemed criminal