Involuntary Manslaughter

Question 1

what is it?

Answer 1

where the defendant does not have the intention to kill or cause gbh

Question 2

maximum sentence

Answer 2

life imprisonment

Question 3

2 ways

Answer 3

gross negligence

unlawful act

Question 4

unlawful act manslaughter

Answer 4

where D does unlawful act which causes a death with necessary mens rea for unlawful act, it must be an act NOT AN OMISSION

Question 5

elements of uam

Answer 5

D must do an unlawful act.
must be dangerous on objective test.
act must cause the death
D must have mens rea for the unlawful act.

Question 6

r v lamb

Answer 6

2 friends with a gun, D didn’t commit unlawful act as there was no assault by pointing the gun as the friend didn’t fear any violence

Question 7

r v Lowe

Answer 7

D neglected baby son. could not be liable for manslaughter as he didn’t do an unlawful act he failed to act and manslaughter doesn’t cover omissions

Question 8

what is the objective test

Answer 8

sober and reasonable people would inevitably recognise the other person will be subject to some harm.

Question 9

r v church

Answer 9

there only needs to be a risk of some harm. doesn’t matter if D didn’t realise harm to the other person.

Question 10

r v Larkin

Answer 10

D assaulted a man. mistress was drunk and tried to intervene she fell onto the razor and slit her throat. he is liable as his assault had some foreseeable harm.

Question 11

r v jm & sm

Answer 11

fight in nightclub. doorman had rupture of artery. not guilty then appeal said only had to see that all doormen were at risk of some harm.

Question 12

r v good fellow

Answer 12

unlawful act can be aimed at property. set fire to council flat. killed wife, son and a woman. appeal upheld as all elements of uam were present

Question 13

intervening act

Answer 13

breaks the chain of causation

Question 14

r v Kennedy

Answer 14

D prepare injection for V. V died conviction quashed as self injection was an intervening act

Question 15

Gross negligence manslaughter

Answer 15

D is grossly negligent in breach of a duty of care towards V & V dies as a result.

Question 16

elements of gross negligence manslaughter

Answer 16

existence of a duty of care by D to V
breach of that duty that causes death
gross negligence which the jury considers to be so bad as to be criminal.

Question 17

duty of care- Caparo v Dickman

Answer 17

proximity of the relationship
reasonable foreseeability of harm
being fair, just and reasonable to impose a duty of care

Question 18

act or omission

Answer 18

both an act or an omission can form basis of gross negligence

Question 19

r v Singh

Answer 19

landlord had duty. faulty gas fire caused V deaths.

Question 20

R v Litchfield

Answer 20

master of sailing ship, sailed knowing engines may fail. blown onto rocks. 3 are member died. he owed a duty

Question 21

R v Wacker

Answer 21

He assumed a duty of care to illegal immigrants.

Question 22

r v stone and dobinson

Answer 22

D owes a duty of care because of relationship with V

he needed to call for help for his sister but didn’t so him and his partner both took on a duty of care

Question 23

significance of causation

Answer 23

must be proved that the breach of the duty was the cause of death

Question 24

r v misra

Answer 24

V had operation on his knee, 2 senior house doctors failed to notice an infection. V died from the infection

Question 25

what case laid down the rules for gross negligence

Answer 25

adomako- didn’t realise the breathing tube was dislodged for 14 minutes, patient died.