Homicide: Involuntary manslaughter - Unlawful or Gross negligence Flashcards
What is manslaughter?
The absence of intent to kill, but with the presence of an element of ‘unlawfulness’ which is the elusive factor.
When do Ds rely on unlawful or gross negligent manslaughter?
If the fatal offence was NOT done with intention to kill or cause GBH then the defences of loss of control or diminished responsibility cannot be used.
See if they fulfilled the elements of unlawful manslaughter or gross negligent manslaughter.
- if they did: Involuntary manslaughter
- If they didn’t: Murder
What is unlawful manslaughter?
The court stated that to be guilty of the offence the prosecution must prove that:
(1) the defendants intentionally (voluntarily) did an act;
(2) the act was unlawful;
(3) the unlawful act was dangerous; and
(4) the unlawful act caused the death of the victim (Both legally and factually)
What are the three aspects of (2) ‘unlawful act’ in unlawful manslaughter?
- a criminal act; (doesn’t need to be serious)
- an intrinsically unlawful act (not just a reckless or negligent lawful act), and
- an act rather than an omission.
PS! The defendant could become liable if aware of a fact during the commission of the offence which would make the act dangerous.
What does (4) ‘the unlawful act caused. the death of the victim’ entail?
Causation:
- Legal:
D must be the ‘operating and substantial’ cause. - Operating:
no intervening act breaking chain of causation. - Substantial:
more than minimal cause. - Factual:
‘ But for’ the act or omission of the accused.
What is the law in cases of death caused by supplying drugs?
where D:
a) Guilty:
directly administers the drug to V (even if V gave consent).
b) Non-guilty (Depending on age of v):
merely supplies V with the drugs, who then takes the drugs themselves.
If V is an informed responsible adult, D will not be liable in this case .
What is gross negligence manslaughter?
The defendant has breached a duty of care owed to V.
This can be done through a positive act or by an omission which must be considered so bad that it necessitates a criminal charge.
What are the requirements for gross negliglence manslaughter?
‘Adomako’ case rules:
a) the existence of a duty of care;
b) breach of that duty;
c) that the breach causes death;
d) that there was a risk of death; and
e) that the breach of duty was so bad as to amount to ‘gross negligence’.
What do we mean by ‘duty of care’ in gross negligence manslaughter?
- Everyone has a general duty to take care to avoid injury by a positive act to their neighbour.
- Liability can also arise for an omission in circumstances where the defendant is under a specific duty to act (by statute or contract).
- Result of a special relationship between the defendant and the victim (through voluntary assumption or D creating a dangerous situation).
PS subjective standard.
What do we mean by a ‘breach of duty’ in gross negligence manslaughter?
Whether the defendant’s acts fell below the standard expected of a reasonable person.
The reasonable person will be attributed with any special skill used by the defendant.
How do we determine if ‘breach caused the death’ in gross negligence manslaughter?
Causation:
- Legal:
D must be the ‘operating and substantial’ cause. - Operating:
no intervening act breaking chain of causation. - Substantial:
more than minimal cause. - Factual:
‘ But for’ the act or omission of the accused.
How do we determine if there was a ‘risk of death’ in gross negligent manslaughter?
That there must be an obvious and serious risk not merely of injury or even serious injury, but of death.
How do we determine if the breach constituted gross negligence?
With regard to the risk of death involved, the conduct of the defendant was so bad in all the circumstances as to amount in their judgment to a criminal act or omission.
PS!
* Where the defendant’s mistakes are in part or in whole brought about by mistakes of others, this may be a reason for not convicting.
- No requirement for any mental state.
