Involuntary Manslaughter Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

3 Types of Involuntary Manslaughter

A
  • Constructive Manslaughter
  • Gross Negligence Manslaughter
  • Reckless Manslaughter
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Constructive - What does this type of Manslaughter require the defendant to have committed?

A

An unlawful and dangerous act

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What is the mens rea for constructive manslaughter?

A

The mens rea required for the unlawful act

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Unlawful Act

A

The act must be unlawful and cause the victim’s death

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Not a crime to inject someone case

A

R v Cato

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Defendant supplied victim case

A

R v Kennedy

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Dangerousness

A

Unlawful act must be dangerous

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What is the test for dangerousness?

A

Objective Test

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Objective test case (man slapped woman unconscious, then threw her over bridge)

A

R v Church

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

teenagers killed a train guard after dropping paving stones onto a passing train case

A

R v Newbury and Jones

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Constructive manslaughter requires that the unlawful act cannot be…

A

An omission

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Defendant neglected a child who later died as a result case

A

R v Lowe

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Defendant killed his best friend with a revolver, which neither of the men thought were loaded case

A

R v Lamb

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Which rule applies to constructive manslaughter?

A

Transferred Malice

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

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

A

R v Mitchell

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What does gross negligence manslaughter require?

A

A duty of care and a breach of duty that caused the death and a risk of death

17
Q

What is the mens rea for gross negligence manslaughter?

A

Gross negligence

18
Q

Gross negligence manslaughter can be committed by…

A

An omission

19
Q

D failed to notice a problem with the patient for six minutes case

A

R v Adomako

20
Q

First stage of gross negligence manslaughter

A

Duty of care (same as negligence)

21
Q

58 Chinese immigrants were found dead in the back of a lorry, after D tried to smuggle them into the UK case

A

R v Wacker

22
Q

Second stage of gross negligence manslaughter

A

Breach of Duty (same as negligence)

23
Q

Patient died of an overdose of painkillers which the doctor had prescribed case

A

R v Becker

24
Q

Third stage of gross negligence manslaughter

A

Risk of death

25
Q

What is risk of death?

A

A reasonably prudent person would have foreseen a serious and obvious risk of death

26
Q

Tenant died of carbon monoxide poisoning case

A

R v Singh

27
Q

Train Crash case

A

Attorney General’s Reference (no. 2 of 1999)