Involuntary Manslaughter Flashcards
How is involuntary manslaughter different to voluntary manslaughter, i.e. murder?
No intent to kill or cause GBH like in murder
What are the two kinds of involuntary manslaughter?
Unlawful Act and Gross Negligence
What type of act is needed for unlawful act manslaughter?
Positive act, omission is not sufficient
What case can be used to demonstrate a positive act?
R v Lowe
What is meant by an ‘unlawful’ act?
D must commit a crime, this will usually be via an assault or battery
What case showed us the D had not committed a crime?
R v Lamb
What test must be used to show the act was dangerous and what case does this come from?
R v Church, be dangerous so that a reasonable person would realise that some harm could be caused to the V
What is meant by causation?
D must be the factual and legal cause of death
What is the mens rea for unlawful act manslaughter?
Mens rea is the same as the crime D has previously committed for the unlawful act
What case shows us the D does not need to intend or foresee death for unlawful act manslaughter?
R v Newbury and Jones
What are the 5 situations where an automatic duty of care is imposed?
Under contract, under official position, owed by a parent to a child, assumed for another and to limit the harm caused
What test must be used if the duty is not obvious, what case illustrated this?
Caparo v Dickman 3 stage test, R v Adomako
What is the first definition of gross and which case does this come from?
R v Bateman, such disregard for the life and safety as to amount to a crime… deserving punishment
What is the second definition of gross and which case does this come from?
R v Adomako, whether the conduct of the defendant was so bad in all circumstances as to amount to a criminal act or omission
What must there be a risk of from the gross breach?
Must be a risk of death, risk of serious injury is not enough
