Gross negligence manslaughter Flashcards
what is involuntary manslaughter
unlawful killing where D does not have mens rea for murder
what are the two types of involuntary manslaughter
unlawful act manslaughter
gross negligence manslaughter
outline unlawful act manslaughter
D causes death through doing an unlawful act that is objectively dangerous with the
necessary mens reas for the unlawful act.
outline gross negligence manslaughter
D - grossly negligent in breach of duty of care towards the Victim, which results in death
why is unlawful act manslaughter sometimes known as ‘constructive manslaughter’
liability of death is built up from liability of another crime
what 4 things must occour in a case of unlawful act manslaughter
- D must commit crime
-act must be objectively dangerous - act must cause death
- D must have M/R
what is the sentence for Unlawful act manslaughter
most serious = life imprisonment
judge decides how blameworthy D is
Unlawful act
Death must be caused by unlawful act (must be criminal offence)
what is the case law for ‘unlawful act’
R V Lamb
dangerous act
objective test - R V Church
does not need to be intended victim
mens rea for unlawful act
- M/R must be proved
- however, D doesnt need to realise their actions were dangerous
what is the case law for the M/R of unlawful act
DPP v Newbury and Jones
what 5 things must occour within a gross negligence manslaughter case
- D must owe V DOC
- breach DOC in a negligent way
- no need to be unlawful
-can be positive act/omission - must = death
outline the concept of duty of care in gross negligence manslaughter
must have been established + breached
R V Adomako
what is the debate in law over the ‘risk of death’ concept
debate as to whether it should simply be ‘risk to health + welfare’
