HOMICIDE OFFENCES - MANSLAUGHTER Flashcards

1
Q

DEFINE VOLUNTARY MANSLAUGHTER

A

Occurs when the elements of murder are present, but a partial defence applies.

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2
Q

LIST THE PARTIAL DEFENCES OF V MANSLAUGHTER

A
  1. Loss of Control – Coroners and Justice Act 2009
  2. Diminished Responsibility – Homicide Act 1957
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3
Q

DEFINE INVOLUNTARY MANSLAUGHTER

A

Occurs when D causes death but lacks the mens rea for murder

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4
Q

WHAT ARE THE DIFFERENT FORMS OF INVOLUNTARY MANSLAUGHTER

A
  1. Unlawful Act Manslaughter
    (Constructive Manslaughter)
  2. Gross Negligence Manslaughter
  3. Reckless Manslaughter (rarely used today).
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5
Q

DEFINE UNLAWFUL ACT MANSLAUGHTER

A
  • D commits an unlawful, dangerous act that causes death
  • No need for intention to kill or cause GBH.
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6
Q

KEY CASES IN UNLAWFUL ACT MANSLAUGHTER

A
  • 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.
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7
Q

WHAT ARE THE KEY ELEMENTS OF UNLAWFUL ACT MANSLAUGHTER

A
  1. Unlawful Act: Must be a crime
    (R v Franklin (1883) – civil wrong is not enough).
  2. Must be an Act: Omissions are not enough
    (R v Lowe (1973)).
  3. Must be Dangerous: Would a reasonable person realise a risk of harm?
    (R v Church (1966)).
  4. Must Cause Death: The unlawful act must be the factual and legal cause of death
    (DPP v Newbury (1977)).
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8
Q

*R v Lamb (1967 )
highlighted what

UNLAWFUL ACT MANSLAUGHTER

A

No unlawful act (assault) as V did not apprehend violence.

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9
Q
  • R v Goodfellow (1986)
    highlighted what

UNLAWFUL ACT MANSLAUGHTER

A

Unlawful acts against property (arson) can suffice.

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10
Q
  • R v Dawson (1985)
    highlighted what

UNLAWFUL ACT MANSLAUGHTER

A

Dangerous” is judged objectively.

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11
Q

DEFINE GROSS NEGLIGENCE MANSLAUGHTER

A
  • D owes a duty of care, breaches it, and causes death through gross negligence.
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12
Q

KEY ELEMENTS OF GROSS NEGLIGENCE MANSLAUGHTER

A
  1. Duty of Care: Based on Donoghue v Stevenson (1932) principles
    (R v Wacker (2000) – duty can exist even in illegal activities).
  2. Breach of Duty: D’s conduct must fall below expected standards.
  3. Risk of Death: A reasonable person must foresee a risk of death, not just harm
    (R v Misra (2004)).
  4. 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).
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13
Q
  • R v Bateman (1925)

GROSS NEGLIGENCE MANSLAUGHTER

A

Negligence must show a “disregard for life”.

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14
Q
  • R v Adomako (1995)

GROSS NEGLIGENCE MANSLAUGHTER

A

Leading case on gross negligence manslaughter.

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15
Q
  • R v Wacker (2000)

GROSS NEGLIGENCE MANSLAUGHTER

A

Duty of care applies even in criminal acts.

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16
Q

KEY CASES IN GROSS NEGLIGENCE MANSLAUGHTER

A
  • 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.