Homicide II: Involuntary Manslaughter

Question 1

Involuntary manslaughter

Answer 1

Actus reus: of murder: unlawfully causing the death of a human being
Mens rea: no mens rea of murder

Question 2

Unlawful act manslaughgter/constructive manslaughter

Answer 2

Actus reus: D does an unlawful act (not an omission) which is dangerous and causes the V’s death
Mens rea: of unlawful act

Question 3

Unlawful act

Answer 3

D has commited an unlawful act with mens rea of intent or recklessness

Question 4

Dangerous act

Answer 4

• Dangerous means act carries the risk of some harm to some person (not necessary serious harm)
• D need not foresee the precise form or sort of harm ensues
• Test for dangerousness: objective test: all sober and reasonable people would recognise (not whether D did)
• Knowledge required: Reasonable person is deemed to have the knowledge the defendant had, or should have had at the time of offence had they been present at the scene of crime

Question 5

Gross negligence manslaughter

Answer 5

Actus reus:

D unlawfully causes the death of V
Can be committed by an act or omission

Mens rea:
does not intend to kill V or to cause serious harm
only requires negligence: D owed V a duty a care, breach of that duty cause the death of V and D’s conduct was grossly negligent

Question 6

Duty of care

Answer 6

Duty of care is preriquisite of gross negligent manslaughter
Established duty of care:
- parent and child
- Doctor and patient
- employer and employee
- driver and road users
- occupier and visitor

Where the existence of a duty is not clear, the judge must decide whether there is any evidence that is capable of establishing one. If not, the offence falls at first hurdle, If there is evidence, jury will determine whether a duty of care is present.

Question 7

Breach of duty of care

Answer 7

Prosecution must prove that D breached their duty of care towards V (by act or omission):
- D’s conduct falls below that expected of a reasonable person
- Where D has special knowledge or expertise, such as doctor, they will be expected to meet the standard of care expected of a reasonable person with knowledge of expertise.

Question 8

Gross negligence

Answer 8

Conduct of defendant must be sufficiently bad as to justify the law imposing criminal penalty:
- Risk of death: there must be a risk their conduct could cause death: risk of death must be clear and unambigious present risk, not one might become apparent on further investigation.
- Jury will decide whether the negligence is Gross: D’s behaviour must be exceptionally bad, and such departure from proper standard of care expected.