involuntary manslaughter

Question 1

what are the two main types of involuntary manslaughter

Answer 1

unlawful act manslaughter, gross negligence manslaughter

Question 2

what is the actus reus for unlawful act manslaughter

Answer 2

1) D must have committed an unlawful act
2) the act must be considered dangerous on an objective test
3) the act must have caused the death

Question 3

what is the mens rea for UA manslaughter

Answer 3

simply the mens rea for the unlawful act

Question 4

which case established which type of offence the unlawful act must be

Answer 4

franklin, established that the unlawful act had to be a criminal wrong rather than civil

Question 5

a case for the unlawful act where there was no assault thus could not be UAM

Answer 5

Lamb, boys playing with a gun thinking there were no bullets, one boy was shot and died. could not be UAM because there was no apprehension of immediate violence therefore no assault and no unlawful act

Question 6

what is a case for the unlawful act involving injecting drugs

Answer 6

Cato, friend injected another friend with morphine, injecting the friend was an unlawful act that caused his death thus he could be convicted

Question 7

which case involved an omission and the sale of heroin

Answer 7

Khan v Khan, defendants sold heroine to 15yo girl and failed to help when she overdosed. COA said that an omission could not amount to an unlawful act, omissions concern gross negligence manslaughter.

Question 8

what case gave a further definition of the objective danger test and what was the test

Answer 8

church. ‘if all sober and reasonable people would recognise the risk of some harm resulting therefrom, albeit not serious harm”

Question 9

what case established transferred malice for the unlawful act

Answer 9

Larkin, gf fell on a razorblade that was being sued to threaten her bf. It did not matter that the dangerous act was not aimed at her, the conviction was upheld

Question 10

what case further proved that the person threatened does not have to be the person who died (as well as larkin)

Answer 10

Mitchell

Question 11

how does causation come into UAM

Answer 11

The normal rules of causation apply to the third aspect of the AR ‘did the unlawful act cause death’

Question 12

what are the rules of causation

Answer 12

must be the factual cause, must be the legal cause, there must be no intervening acts

Question 13

what is a case for unlawful act causing death involving heroin

Answer 13

kennedy, D supplied heroin to v who injected it themselves and then died. V injecting themselves broke the chain of causation, thus the unlawful act did not cause death

Question 14

what is a case for unlawful act causing death involving heroin

Answer 14

kennedy, D supplied heroin to v who injected it themselves and then died. V injecting themselves broke the chain of causation, thus the unlawful act did not cause death

Question 15

what case involving a child neglect further proved that an omission cannot be an unlawful act for the purposes of UAM

Answer 15

Lowe. child died after being neglected, could not be UAM because an omission will not suffice.

Question 16

which case defined gross negligence manslaughter

Answer 16

adomako

Question 17

what is the actus reus fro GNM

Answer 17

1. d must have a duty of care
2. d must breach this duty
3. this breach must have caused the death

Question 18

which civil case established the concept of duty of care

Answer 18

donoghue v stevenson

Question 18

what is a case involving a DOC due to special relationship and heroin

Answer 18

evans, d was a mother who gave her daughter heroin. daughter overdosed and mother did not seek medical help but instead put her in bed. v died. CoA said that the mother had a DOC because of special relationship.

Question 19

what is the case that involved the concept of ex turpi causa

Answer 19

the case of wacker saw that the concept of ex turpi causa, meaning that you do not have a duty of care to those who you are undergoing illegal activities with, does not apply to GNM,

Question 20

what is a case of a landlord owing a duty of care to his tenants

Answer 20

singh. landlord failed to manage property resulting in a fire that killed tenants- contractual duty of care.

Question 21

which case fo DOC involved a ship captain

Answer 21

Litchfield. captain of a ship knew there was a risk that ship engine would fail but did nothing, he was guilty of GNM because he had a DOC.

Question 22

which case established an objective test for breach of duty having a risk of death

Answer 22

signh. ‘reasonable prudent person would have foreseen an obvious and serious risk’

Question 23

which case established the MR for GNM and what was the MR

Answer 23

Bateman- a disregard for the life and safety of others

Question 24

what case challenged the ambiguity around MR for GNM

Answer 24

Misra and Srivastava