involuntary manslaughter

Question 1

What case sets out the 4 elements of GNM?

Answer 1

R v Adomako

Question 2

What are the 4 elements of GNM?

Answer 2

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

Question 3

What are the 5 types of duty to act (with case examples)?

Answer 3

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

Question 4

What does R v Evans say about one of the duties to Act?

Answer 4

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.

Question 5

In novel cases for GNM what test will beused to find a duty of care?

Answer 5

Caparo test

Question 6

What is the Caparo test?

Answer 6

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

Question 7

What case dealt with the issue of both D and V embarking upon illegal activity?

Answer 7

Wacker

Question 8

What is the legal principle of Wacker?

Answer 8

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.

Question 9

Case for breach?

Answer 9

Blyth v Birmingham waterworks

Question 10

define breach:

Answer 10

falling below the standard of a reasonable person

Question 11

Legal principle of nettleship v weston:

Answer 11

Inexperience does not lower the standard of care

Question 12

Legal principle of Bolam:

Answer 12

Standard of care will be higher for professionals

Question 13

Legal principle of Mullins v richards

Answer 13

Age lowers the standard of care

Question 14

What are the cases for size of risk?

Answer 14

Bolton v Stone / Miller v jackson

Question 15

What is the case for seriousness of potential harm?

Answer 15

Paris v Stepney BC

Question 16

What are the cases for practicability of taking precautions?

Answer 16

Paris v SBC, Latimer v AEC, Haley v LEB

Question 17

What is the case for benefits outweighing the risk?

Answer 17

Watt v HCC

Question 18

What does the case of Misra say?

Answer 18

the breach must involve a risk of death

Question 19

What case says that the risk of death must be foreseeable to the reasonable person?

Answer 19

Lewin v CPS

Question 20

What is the test for factual causation (with case) ?

Answer 20

But for test - R v Pagett

Question 21

What is the test for legal causation?

Answer 21

Operative and substantial test - R v Smith

Question 22

Actions of a 3rd party (cases):

Answer 22

R v Jordan

R v Pagett

Question 23

Cases for victims own actions:

Answer 23

R v Roberts / R v Williams

Question 24

Give an example of an Act of God:

Answer 24

earthquake

Question 25

Case for the Thin Skull rule:

Answer 25

R v Blaue

Question 26

In order to see if someone is grossly negligent, what does the jury need to consider? (with case)

Answer 26

Adomako

Was D’s conduct SO bad in all the circumstances as to amount to a crime?

Question 27

Actus reus for UAM

Answer 27

D must commit an unlawful act, the unlawful act must cause V’s death, the unlawful act must be dangerous.

Question 28

Mens Rea for UAM:

Answer 28

D must have the mens rea for the unlawful act

Question 29

Legal Principle of R v Stone and Dobinson (UAM)

Answer 29

There has to be an act, not an omission. (D must do something rather than fail to do something)

Question 30

What case says that the unlawful act has to be criminal, not civil?

Answer 30

R v Franklin

Question 31

What is the legal principle for R v Lamb?

Answer 31

D must have all the elements for the unlawful act (AR+MR)

Question 32

Which case says that D only needs the MR for the unlawful act, not for the death of V?n

Answer 32

DPP v Newbury and Jones

Question 33

Legal principle of Mitchell:

Answer 33

Malice can be transferred from one victim to another

Question 34

Name the case and legal principle involving self-neglect:

Answer 34

R v Dear

Self neglect by V does not break the chain of causation

Question 35

Name the two cases for UAM involving the use of drugs:

Answer 35

Cato

Kennedy (No2)

Question 36

Legal principle of Cato?

Answer 36

The link between D and the death of V is intact if D administers the drug to V.

Question 37

Legal Principle of Kennedy?

Answer 37

V breaks the link by self injecting drugs.

Question 38

State the Church test of dangerousness:

Answer 38

An act is dangerous if a sober and reasonable person would realise that it carries a risk of some physical harm to another person.

Question 39

Name the case and the legal principle for UAM dealing with knowledge: (dangerousness)

Answer 39

Watson

The reasonable person will be given any knowledge that D would have gained about V when doing the unlawful act.

Question 40

Name the case and the legal principle for UAM relating two specific harm: (Dangerousness)

Answer 40

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

Question 41

Name the case and legal principle for UAM about property:

Answer 41

Goodfellow

An unlawful act can be aimed at property (arson etc.)