Involuntary Manslaughter Flashcards
what is it?
where the defendant does not have the intention to kill or cause gbh
maximum sentence
life imprisonment
2 ways
gross negligence
unlawful act
unlawful act manslaughter
where D does unlawful act which causes a death with necessary mens rea for unlawful act, it must be an act NOT AN OMISSION
elements of uam
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.
r v lamb
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
r v Lowe
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
what is the objective test
sober and reasonable people would inevitably recognise the other person will be subject to some harm.
r v church
there only needs to be a risk of some harm. doesn’t matter if D didn’t realise harm to the other person.
r v Larkin
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.
r v jm & sm
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.
r v good fellow
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
intervening act
breaks the chain of causation
r v Kennedy
D prepare injection for V. V died conviction quashed as self injection was an intervening act
Gross negligence manslaughter
D is grossly negligent in breach of a duty of care towards V & V dies as a result.
elements of gross negligence manslaughter
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.
duty of care- Caparo v Dickman
proximity of the relationship
reasonable foreseeability of harm
being fair, just and reasonable to impose a duty of care
act or omission
both an act or an omission can form basis of gross negligence
r v Singh
landlord had duty. faulty gas fire caused V deaths.
R v Litchfield
master of sailing ship, sailed knowing engines may fail. blown onto rocks. 3 are member died. he owed a duty
R v Wacker
He assumed a duty of care to illegal immigrants.
r v stone and dobinson
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
significance of causation
must be proved that the breach of the duty was the cause of death
r v misra
V had operation on his knee, 2 senior house doctors failed to notice an infection. V died from the infection
