Involuntary Manslaughter Flashcards
1
Q
What is Involuntary Manslaughter?
A
- unlawful killing where the defendant doesn’t have the intention (direct or oblique) to kill or cause GBH. No mandatory sentence.
2
Q
Constructive manslaughter case
A
- R v Mitchel
3
Q
Unlawful act
A
- constructive
- Defendant must’ve carried out an unlawful act but it have to be via an omission. (R v Lamb & R v Lowe)
- Act must be a criminal offence, usually not fatal (R vDalby)
4
Q
The act must be dangerous
A
- Constructive
- ‘Dangerous in the sense that any reasonable person would realise that the act would’ve carried out some risk of harm’ (R v Church)
- Act must Carry some harm, acts against property or physical harm
5
Q
The act must cause the death
A
- Constructive
- Normal rules of causation applied, tested by drug addict cases (R v Kennedy)
6
Q
MR of unlawful act
A
- Constructive
- D must have the MR of the unlawful act committed (DPP v Newbury). No requirement that the defendant forces that some harm will result.
- MR required is for the unlawful act
7
Q
Gross Negligence manslaughter
A
- Has to be so severe as to deserve punishment under criminal law, usually caused by an omission.
8
Q
Duty of care
A
- GNM
- Doctor-Patient relationships, duty is established by an omission (R v Singh & R v Lichfield)
- The duty was contractual but the courts stated they can extend the duty (R v Khan & R v Whacker)
- GN DoC has a test deciding whether there is reasonable foresight whether the victim would be injured
9
Q
Breach of Duty & this must cause the death
A
- GNM
- ‘Did the defendant negligently do or fail to do something?’
- Both legal and factual causation considered
10
Q
Risk of Death
A
- GNM
- serious means the risk of death of high (R v Rudling)
- Obvious means clear, present and unambiguous (R v Rose)
11
Q
Foreseeable
A
- GNM
- Must be foreseeable that by breaching a duty would rise to a serious and obvious risk of death
12
Q
The breach made significant contribution
A
- GNM
- This is a legal cause (R v Kimsey)
13
Q
MR element
A
- GNM
- Breach needs to be serious enough to contribute as GNM.
- Need to decide: whether the D had such disregard for life and safety of others to amount to a crime against the state which deserves punishment (MR) (R v Adomako)
14
Q
Factual causation test
A
- But for test (R v Hughes, factual isn’t enough to prove liability)
15
Q
Legal causation
A
- Defendant must contribute to the consequences and have significant contribution (R v Kimsey)
