Involuntary Manslaughter Flashcards
3 Types of Involuntary Manslaughter
- Constructive Manslaughter
- Gross Negligence Manslaughter
- Reckless Manslaughter
Constructive - What does this type of Manslaughter require the defendant to have committed?
An unlawful and dangerous act
What is the mens rea for constructive manslaughter?
The mens rea required for the unlawful act
Unlawful Act
The act must be unlawful and cause the victim’s death
Not a crime to inject someone case
R v Cato
Defendant supplied victim case
R v Kennedy
Dangerousness
Unlawful act must be dangerous
What is the test for dangerousness?
Objective Test
Objective test case (man slapped woman unconscious, then threw her over bridge)
R v Church
teenagers killed a train guard after dropping paving stones onto a passing train case
R v Newbury and Jones
Constructive manslaughter requires that the unlawful act cannot be…
An omission
Defendant neglected a child who later died as a result case
R v Lowe
Defendant killed his best friend with a revolver, which neither of the men thought were loaded case
R v Lamb
Which rule applies to constructive manslaughter?
Transferred Malice
D punched an old man after an argument, causing the old man to fall into and knock over an elderly lady, who died from the fall case
R v Mitchell
What does gross negligence manslaughter require?
A duty of care and a breach of duty that caused the death and a risk of death
What is the mens rea for gross negligence manslaughter?
Gross negligence
Gross negligence manslaughter can be committed by…
An omission
D failed to notice a problem with the patient for six minutes case
R v Adomako
First stage of gross negligence manslaughter
Duty of care (same as negligence)
58 Chinese immigrants were found dead in the back of a lorry, after D tried to smuggle them into the UK case
R v Wacker
Second stage of gross negligence manslaughter
Breach of Duty (same as negligence)
Patient died of an overdose of painkillers which the doctor had prescribed case
R v Becker
Third stage of gross negligence manslaughter
Risk of death
What is risk of death?
A reasonably prudent person would have foreseen a serious and obvious risk of death
Tenant died of carbon monoxide poisoning case
R v Singh
Train Crash case
Attorney General’s Reference (no. 2 of 1999)
