FATAL OFFENCE- INVOL MS Flashcards
1
Q
INVOLUNTARY MANSLAUGHTER
A
2
Q
UNLAWFUL ACT MS
A
3
Q
- UNLAWFUL ACT
A
4
Q
- DANGEROUS ACT
A
Any sober and reasonable man would recognise the situation was dangerous. They see there is a risk of some harm.
[CHURCH]
5
Q
- MUST CAUSE DEATH
A
6
Q
- MENS REA OF UNLAWFUL ACT
A
Must be accompanied with the ar, doesn’t need to be intention.
[LE BRUN]
7
Q
GROSS NEGLIGENCE MANSLAUGHTER
A
8
Q
- DUTY OF CARE BETWEEN D AND V
A
There must be a duty connection between both D and V.
[ADOMAKO]
9
Q
- BREACH OF DUTY
A
The act must be so negligent there is a breach of duty which causes death.
[FINLAY]
10
Q
3.GROSS & RISK OF DEATH
A
“Disregard for the life and safety of others”
[BATEMAN]
11
Q
- CAUSES DEATH
A
V must die caused by D’s gross negligence
12
Q
- GNM IS CONSIDERED CRIMINAL BY JURY
A
