HOMICIDE OFFENCES - MANSLAUGHTER

Question 1

DEFINE VOLUNTARY MANSLAUGHTER

Answer 1

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

Question 2

LIST THE PARTIAL DEFENCES OF V MANSLAUGHTER

Answer 2

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

Question 3

DEFINE INVOLUNTARY MANSLAUGHTER

Answer 3

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

Question 4

WHAT ARE THE DIFFERENT FORMS OF INVOLUNTARY MANSLAUGHTER

Answer 4

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

Question 5

DEFINE UNLAWFUL ACT MANSLAUGHTER

Answer 5

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

Question 6

KEY CASES IN UNLAWFUL ACT MANSLAUGHTER

Answer 6

• 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.

Question 7

WHAT ARE THE KEY ELEMENTS OF UNLAWFUL ACT MANSLAUGHTER

Answer 7

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)).

Question 8

*R v Lamb (1967 )
highlighted what

UNLAWFUL ACT MANSLAUGHTER

Answer 8

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

Question 9

• R v Goodfellow (1986)
  highlighted what

UNLAWFUL ACT MANSLAUGHTER

Answer 9

Unlawful acts against property (arson) can suffice.

Question 10

• R v Dawson (1985)
  highlighted what

UNLAWFUL ACT MANSLAUGHTER

Answer 10

Dangerous” is judged objectively.

Question 11

DEFINE GROSS NEGLIGENCE MANSLAUGHTER

Answer 11

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

Question 12

KEY ELEMENTS OF GROSS NEGLIGENCE MANSLAUGHTER

Answer 12

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).

Question 13

• R v Bateman (1925)

GROSS NEGLIGENCE MANSLAUGHTER

Answer 13

Negligence must show a “disregard for life”.

Question 14

• R v Adomako (1995)

GROSS NEGLIGENCE MANSLAUGHTER

Answer 14

Leading case on gross negligence manslaughter.

Question 15

• R v Wacker (2000)

GROSS NEGLIGENCE MANSLAUGHTER

Answer 15

Duty of care applies even in criminal acts.

Question 16

KEY CASES IN GROSS NEGLIGENCE MANSLAUGHTER

Answer 16

• 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.