Involuntary Manslaughter Flashcards

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1
Q

UAM actus reus and mens rea

A

Defendant carries out an unlawful act
Which is a dangerous Act
That causes death

The mens rea for the original unlawful act is needed.

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2
Q

Unlawful Act - cases and their rules

A

Franklin - cant be a civil act - must be criminal
Lowe - Failed to feed baby - must be an ACT and not an omission
Lamb - All elements of the unlawful act must be satisfied

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3
Q

Dangerous Act - case and what was said

A

Newbury & Jones - It does not matter if the Defendant didn’t see a risk of harm.

It was also said that the unlawful act must be such as all sober and reasonable people would foresee some risk of harm.

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4
Q

Causes Death - cases - causation

A

Factual cause - ‘but for’ - would it have happened if it wasn’t for D’s actions/omissions - R v White

Legal cause - more than ‘de minimus’ - R v Kimsey. Must be operating and substantial cause - R v Benge

No new intervening acts that break the chain of causation - Novus Actus Interveniens - Kennedy, Jordan, Malcherek, Roberts

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5
Q

GNM requirements

A

Duty to care
Breach of that duty
Reasonably foreseeable risk of death
Causes death
Negligence is gross

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6
Q

Duty to care - examples (____ to ____)

A

Parents to kids - Edwards
Doctors to patients - Adomako

ADDITIONAL CASES:
Landlords to tenants - Singh
Employers to employees - Dean

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7
Q

Duty to care - cases and what is said from the case - E___

A

Evans - D has duty to care where actions have foreseeable risk to others around them

An example would be Wacker

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8
Q

Breach of Duty - the rule

A

The Defendant did not show the level of care that they were required to show to the Victim - Adomako

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9
Q

Breach of Duty - cases

A

Evans - overdose, didn’t call hospital
Singh - landlord, gas leak

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10
Q

Reasonable foresight of Death - the rule

A

There must be a reasonable and obvious risk of death - Adomako

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11
Q

Reasonable foresight of Death - cases

A

Rose - rare condition in kid - unnoticed

Kuddus - chef - nut allergy

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11
Q

Causes Death

A

Factual cause - ‘but for’ - would it have happened if it wasn’t for D’s actions/omissions - R v White

Legal cause - more than ‘de minimus’ - R v Kimsey. Must be operating and substantial cause - R v Benge

No new intervening acts that break the chain of causation - Novus Actus Interveniens - Kennedy, Jordan, Malcherek, Roberts

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12
Q

Negligence is gross - defined through case law

A

Bateman - D’s actions went beyond ‘a mere matter of compensation’

Adomako - D’s actions were serious enough to grant a criminal conviction

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