HOMICIDE OFFENCES - MANSLAUGHTER Flashcards
DEFINE VOLUNTARY MANSLAUGHTER
Occurs when the elements of murder are present, but a partial defence applies.
LIST THE PARTIAL DEFENCES OF V MANSLAUGHTER
- Loss of Control – Coroners and Justice Act 2009
- Diminished Responsibility – Homicide Act 1957
DEFINE INVOLUNTARY MANSLAUGHTER
Occurs when D causes death but lacks the mens rea for murder
WHAT ARE THE DIFFERENT FORMS OF INVOLUNTARY MANSLAUGHTER
- Unlawful Act Manslaughter
(Constructive Manslaughter) - Gross Negligence Manslaughter
- Reckless Manslaughter (rarely used today).
DEFINE UNLAWFUL ACT MANSLAUGHTER
- D commits an unlawful, dangerous act that causes death
- No need for intention to kill or cause GBH.
KEY CASES IN UNLAWFUL ACT MANSLAUGHTER
- R v Lamb (1967) – No unlawful act (assault) as V did not apprehend violence.
- R v Goodfellow (1986) – Unlawful acts against property (arson) can suffice.
- R v Dawson (1985) – “Dangerous” is judged objectively.
WHAT ARE THE KEY ELEMENTS OF UNLAWFUL ACT MANSLAUGHTER
- Unlawful Act: Must be a crime
(R v Franklin (1883) – civil wrong is not enough). - Must be an Act: Omissions are not enough
(R v Lowe (1973)). - Must be Dangerous: Would a reasonable person realise a risk of harm?
(R v Church (1966)). - Must Cause Death: The unlawful act must be the factual and legal cause of death
(DPP v Newbury (1977)).
*R v Lamb (1967 )
highlighted what
UNLAWFUL ACT MANSLAUGHTER
No unlawful act (assault) as V did not apprehend violence.
- R v Goodfellow (1986)
highlighted what
UNLAWFUL ACT MANSLAUGHTER
Unlawful acts against property (arson) can suffice.
- R v Dawson (1985)
highlighted what
UNLAWFUL ACT MANSLAUGHTER
Dangerous” is judged objectively.
DEFINE GROSS NEGLIGENCE MANSLAUGHTER
- D owes a duty of care, breaches it, and causes death through gross negligence.
KEY ELEMENTS OF GROSS NEGLIGENCE MANSLAUGHTER
- Duty of Care: Based on Donoghue v Stevenson (1932) principles
(R v Wacker (2000) – duty can exist even in illegal activities). - Breach of Duty: D’s conduct must fall below expected standards.
- Risk of Death: A reasonable person must foresee a risk of death, not just harm
(R v Misra (2004)). - Gross Negligence: Jury must decide if D’s negligence was so bad it amounts to a crime
(R v Adomako (1995) – anaesthetist failed to notice breathing tube disconnection).
- R v Bateman (1925)
GROSS NEGLIGENCE MANSLAUGHTER
Negligence must show a “disregard for life”.
- R v Adomako (1995)
GROSS NEGLIGENCE MANSLAUGHTER
Leading case on gross negligence manslaughter.
- R v Wacker (2000)
GROSS NEGLIGENCE MANSLAUGHTER
Duty of care applies even in criminal acts.
KEY CASES IN GROSS NEGLIGENCE MANSLAUGHTER
- R v Bateman (1925) – Negligence must show a “disregard for life”.
- R v Adomako (1995) – Leading case on gross negligence manslaughter.
- R v Wacker (2000) – Duty of care applies even in criminal acts.