Involuntary Manslaughter

Question 1

GNM- Adomako elements

Answer 1

1. Owe V duty of care/duty to act
2. D must breach duty (involving risk of death)
3. D’s breach must cause V’s death
4. D must be grossly negligent

Question 2

Duty to act- contractual

Answer 2

Pittwood

Duty while on the job

Question 3

Duty to act- relationship

Answer 3

Gibbins and Proctor

Relation usually parent and child

Question 4

Duty to act- assuming responsibility voluntarily

Answer 4

Stone and Dobinson
Voluntarily take responsibility for someone
R v Evans
Assumption of care must be significant for a defendant to be held responsible for an omission
Where D has willingly and actively taken over care of V
Not enough of simply trying to help

Question 5

Duty to act- public office

Answer 5

Dytham

Duty from your job (can be off duty)

Question 6

Duty to act- creating a dangerous situation

Answer 6

Miller

Causing risk for crime and not preventing it

Question 7

GNM- duty of care

Answer 7

Robinson- has owed a duty if similar cases did
Novel: Caparo test
1. Reasonably foreseeable what D did would cause damage
2. Proximity between D and V
3. Fair, just and reasonable to impose duty on D

Question 8

Ex turpi causa

Answer 8

Wacker
Parties involved in crime together do not owe each other duty of care(civil)
Does not apply to GNM
Means they will still owe each other a duty

Question 9

GNM- breach duty

Answer 9

Blythe v BWW
Below standard of reasonable man/ not acting like reasonable person
Nettleship v Weston- inexperience doesn’t lower standard
Bolam- profession can change standard
Mullins v Richards- age can change standard

Question 10

GNM- risk factors

Answer 10

Size of risk- Miller v Jackson

Seriousness of harm- Paris v SBC

Benefit out weights cost- Watt v HCC

Practicability of precautions- how practical (cheap/easy/quick)
Latimer v AEC- enough precautions
Haley v LEB- some precautions
Paris v SBC- no precaution

Question 11

GNM- risk of death

Answer 11

Misra: confirmed need to have risk of death

Lewin v CPS: reasonable person needs to foresee risk of death

Question 12

Causation

Answer 12

F.C- but for- Pagett
Legal- O&S (significant cause)- Smith

Act of God

Act of victim- Roberts, Williams

Act of third party- Jordan, Smith, Pagett

Question 13

Must be grossly negligent

Answer 13

Adomako: D’s conduct is so bad in all circumstances, as to amount to a crime (discuss good and bad)

Question 14

Define UAM

Answer 14

When D does not intend to kill or cause GBH but he has committed an unlawful act which has lead to death of V

Question 15

⭐️UAM act must be unlawful

Answer 15

Stone and Dobinson- a failure to act will be insufficient for an unlawful act
Franklin- unlawful act must be criminal: civil wring is not enough
Lamb- unlawful act must be complete (all elements passed)

Question 16

Unlawful acts examples

Answer 16

Criminal damage/arson
Supplying drugs
Battery
Assault

Question 17

Case showing you only need MR for unlawful act

Answer 17

DPP v Newbury and Jones

Question 18

Case showing transferred malice can be used in UAM

Answer 18

Mitchell

Question 19

3rd element UAM

Answer 19

Causation

Unlawful act must cause V’s death

Question 20

Causation: Dear UAM

Answer 20

Self neglect by V does not break the chain of causation

Question 21

Drugs cases and principles

Answer 21

Cato: if D administers drug to V they
Kennedy: when V injects themselves they break the chain

Question 22

⭐️ act must be dangerous- Church

Answer 22

If a sober and reasonable person would realise that it carries a risk of some physical harm to another person- dangerous

Question 23

Act must be dangerous- Dawson

Answer 23

Needs to be physical harm, not emotional harm

Question 24

R v JM and SM

Answer 24

Don’t need to foresee specific harm from which V died, only that V would suffer harm of some sort

Question 25

Unlawful act must be dangerous- goodfellow

Answer 25

Unlawful act can still be aimed at property as long as sober and reasonable person would realise it carries risk of some physical harm to a person

Question 26

Unlawful act must be dangerous- Farnon and Ellis

Answer 26

Always compared to sober and reasonable person

Didn’t matter if they have mental deficits etc