Involuntary Manslaughter Flashcards
What is involuntary manslaughter?
An unlawful killing without intent (to kill or cause GBH)
What are the 2 types if IVM?
- Gross Negligence Manslaughter
2. Unlawful Act Manslaughter
What is GNM?
D has unlawfully killed V through being very badly negligent but does not intend to kill or cause GBH
What case gave out the elements to GNM and what are the 4 elements?
R v Adomako
- D must owe V a duty of care
- D must breach the duty (with the breach involving a risk of death)
- D’s breach must cause V’s death
- D must be grossly negligent, meaning conduct is ‘so bad’ that it amounts to a crime.
What are the 2 ways it can be proven D owes a duty of care to V?
- Applying the Caparo test
2. Prove their was an omissions and D had a duty to act
What is the Caparo test?
- Was the damage reasonably foreseeable
- Was there proximity between the parties
- Is it fair, just and reasonable to impose a duty on D
Jolley v Sutton is where the test was made out
Bourhill v Young is where the test wasn’t made out
What are the 5 types of duty to act and their relevant cases?
- Contractual - R v Pittwood
- Relationship - R v Gibbins & Proctor
- Voluntary Assumption of Care - R v Stone & Dobinson
- Public Office - R v Dytham
- Creating a Dangerous Situation - R v Miller and R v Santana-Bermudez
What must the voluntary assumption of care be for D to have a duty of care for V?
It must be significant - normally where D has willingly and actively taken over the care of V - R v Evans.
This stops people from being criminally responsible if they are trying to do the right thing.
What does ‘ex turpi causa’ mean in criminal law?
That if multiple Ds are involved in a joint venture, they owe each other a duty of care - Wacker.
What case defined what a breach was and what was the definition?
Blyth v Birmingham Water Works - Not doing something the reasonable man would or doing something the reasonable man would not.
What is the principle from Nettleship v Weston?
Inexperience does not change the standard of care.
What is the principle from Bolam v Friern Barnet HMC?
Being a professional/having expertise can raise the standard of care.
What is the principle from Mullins v Richards?
Age can lower the standard of care.
What are the 4 risk factors and their relevant cases?
- Size of risk - Miller v Jackson (high risk) and Bolton v Stone (low risk)
- Seriousness of potential harm - Paris v SBC
- Practicability of precautions - Latimer v AEC and Haley v LEB
- Benefit of taking a risk - Watt v HCC
What are the 2 cases for the breach involving a risk of death?
Misra v Strivastava - D’s breach must involve a risk of death
Lewin v CPS - the risk of death must be foreseeable by a reasonable person
In an essay, use Misra if reasonable man would foresee the risk of death and Lewin if not
Apply causation
Factual causation - But for test - R v Pagett and R v White
Legal causation - Operative and substantive test - R v Smith
Intervening acts - Acts of the victim - R v Williams and R v Roberts - Acts of a third party - R v Jordan - Acts of god - Thin-skull rule - R v Blaue
What is test for whether D’s conduct was grossly negligent and what case did it come from?
Adomako - D’s conduct is ‘so bad’, departed so far from the standard of care expected - as to amount to a criminal act or omission.
I.e. D’s conduct must be so bad that it amounts to a crime.
What is UAM?
D has unlawfully killed V but did not intend kill or cause GBH to V.
What are the 3 elements of UAM?
- D must commit an unlawful act
- The act must be dangerous
- D’s act must cause V’s death
What element must MR be proven for in UAM?
The unlawful act (the first element).
What is the principle from R v Stone & Dobinson?
An omission is not enough for an unlawful act, there must be an act.
What is the principle from R v Franklin?
A civil wrong is not enough, there must be a criminal action.
What is the principle from R v Lamb?
D must have the AR and MR for the unlawful act.
What are some examples of unlawful acts?
Assault, Battery, ABH, etc.
Any criminal offence
What is the mens rea for the unlawful act?
D only needs the MR for the unlawful act - not the death.
What is the principle from DPP v Newbury and Jones?
It is not necessary for the D to foresee any harm from his act. D only needs the MR of the unlawful act.
What is the principle from Mitchell?
Malice can be transferred to the actual victim from the intended victim.
What is test for whether or not D’s act was dangerous and what case did it come from?
R v Church - An act is dangerous if a sober and reasonable person would realise that it carries a risk of some (physical) harm to another person.
What is the principle from R v Dawson?
A reasonable person would not realise that there is a risk of physical harm if V’s condition is hidden?
What is the principle from R v Watson?
A reasonable person would have realised the risk of physical harm to V as V was old and visibly frail.
What is the principle from R v JM & SM?
There is no need for the sober and reasonable person to foresee the specific harm from which V died, only that V would suffer physical harm of some sort.
What is the principle from R v Goodfellow?
The unlawful act can be aimed at property, as long as the sober and reasonable person would realise it carried a risk of some physical harm to a person.
What is different about causation in UAM?
There are 3 extra cases:
- R v Dear - Self neglect by V does not break the chain of causation.
- Cato - If D administers drugs to V, the chain is intact
- Kennedy - If V administers drugs to themselves, it breaks the chain of causation.
*2nd and 3rd cases deal with drug cases and it comes down to who injected V.
