Homicide - Involuntary manslaughter Flashcards
What are the two types of involuntary manslaughter?
All common elements of what are present in both?
Unlawful act manslaughter (constructive manslaughter)
Gross negligence manslaughter
All common elements of murder are present
What are the three things the act in a constructive manslaughter must be?
What is the signifiance of R v Franklin?
What is the significance of R v Church?
What is the significance of R v JM and SM?
Unlawful, Criminal and Dangerous
The act must be unlawful and cannot be civil
Asks would a sober and reasonable person have forseen the risk of their act
States that it does not matter what form the harm takes as long as some harm for forseeable
What must be established under causation for constructive manslaughter?
What happened in the case of R v Johnstone?
It must be established that the defendant’s actions caused the death of the victim
The defendant’s subjected the victim to a series of taunts and threw rocks and sticks at him. The victim suffered a fatal heart attack however since it could not be proven it was as a result of the defendant’s actions they could not be found liable
What is the mens rea for constructive manslaughter?
The mens rea is the same as the unlawful act being committed
What case laid down the test for gross negligence manslaughter?
What are the three things that must be established for someone to be found guilty under gross negligence manslaughter?
R v Adomako
Duty of care, gross negligent breach of duty and risk of death
What does the case of R v Willoughby state about duty of care?
What does R v Bateman say about gross negligent breach of that duty?
What happened in the case of R v Misra and Srivastra?
Doctors will always have a duty of care for their patients
“Showed such disregard of care for the life and safety of others as to amount to a crime against the state”
The doctors failure to diagnose a post operation infection and the subsequent lack of treatment was held to constitute a risk of death
