involuntary manslaughter Flashcards
What case sets out the 4 elements of GNM?
R v Adomako
What are the 4 elements of GNM?
1) D must owe a duty to act
2) D must breach that duty which involves a risk of death
3) D’s breach must cause V’s death
4) D must be grossly negligent
What are the 5 types of duty to act (with case examples)?
Contractual - R v Pittwood
Relationship of dependency - R v Gibbons v Proctor
Assuming responsibility voluntarily - R v Stone and Dobinson
Public Office - R v Dytham
Creating a dangerous situation - R v Miller / R v Santana Bermudez
What does R v Evans say about one of the duties to Act?
The assumption of care must be significant for a defendant to be held responsible for an omission. This is normally where the defendant has willingly and actively taken over the care of V.
In novel cases for GNM what test will beused to find a duty of care?
Caparo test
What is the Caparo test?
1) Damage to V must be reasonably foreseeable (Jolley v Sutton/Bourhill v Young)
2) there must be proximity between V and D (time & space/knowledge/dependency)
3) It must be fair just and reasonable to impose a duty of care on D
What case dealt with the issue of both D and V embarking upon illegal activity?
Wacker
What is the legal principle of Wacker?
If D and V are embarking upon illegal activity, they will still owe a duty of care to each other for the purposes of GNM.
Case for breach?
Blyth v Birmingham waterworks
define breach:
falling below the standard of a reasonable person
Legal principle of nettleship v weston:
Inexperience does not lower the standard of care
Legal principle of Bolam:
Standard of care will be higher for professionals
Legal principle of Mullins v richards
Age lowers the standard of care
What are the cases for size of risk?
Bolton v Stone / Miller v jackson
What is the case for seriousness of potential harm?
Paris v Stepney BC
What are the cases for practicability of taking precautions?
Paris v SBC, Latimer v AEC, Haley v LEB
What is the case for benefits outweighing the risk?
Watt v HCC
What does the case of Misra say?
the breach must involve a risk of death
What case says that the risk of death must be foreseeable to the reasonable person?
Lewin v CPS
What is the test for factual causation (with case) ?
But for test - R v Pagett
What is the test for legal causation?
Operative and substantial test - R v Smith
Actions of a 3rd party (cases):
R v Jordan
R v Pagett
Cases for victims own actions:
R v Roberts / R v Williams
Give an example of an Act of God:
earthquake
Case for the Thin Skull rule:
R v Blaue
In order to see if someone is grossly negligent, what does the jury need to consider? (with case)
Adomako
Was D’s conduct SO bad in all the circumstances as to amount to a crime?
Actus reus for UAM
D must commit an unlawful act, the unlawful act must cause V’s death, the unlawful act must be dangerous.
Mens Rea for UAM:
D must have the mens rea for the unlawful act
Legal Principle of R v Stone and Dobinson (UAM)
There has to be an act, not an omission. (D must do something rather than fail to do something)
What case says that the unlawful act has to be criminal, not civil?
R v Franklin
What is the legal principle for R v Lamb?
D must have all the elements for the unlawful act (AR+MR)
Which case says that D only needs the MR for the unlawful act, not for the death of V?n
DPP v Newbury and Jones
Legal principle of Mitchell:
Malice can be transferred from one victim to another
Name the case and legal principle involving self-neglect:
R v Dear
Self neglect by V does not break the chain of causation
Name the two cases for UAM involving the use of drugs:
Cato
Kennedy (No2)
Legal principle of Cato?
The link between D and the death of V is intact if D administers the drug to V.
Legal Principle of Kennedy?
V breaks the link by self injecting drugs.
State the Church test of dangerousness:
An act is dangerous if a sober and reasonable person would realise that it carries a risk of some physical harm to another person.
Name the case and the legal principle for UAM dealing with knowledge: (dangerousness)
Watson
The reasonable person will be given any knowledge that D would have gained about V when doing the unlawful act.
Name the case and the legal principle for UAM relating two specific harm: (Dangerousness)
R v JM and SM
There is no need for the reasonable and sober person to foresee the specific harm from which V died, only that V would suffer physical harm at some point
Name the case and legal principle for UAM about property:
Goodfellow
An unlawful act can be aimed at property (arson etc.)
