Involuntary Manslaughter

Question 1

What is the definition of unlawful act manslaughter?

Answer 1

Where the D lacks the MR of murder but kills the victim in the course of committing and unlawful and objectively dangerous criminal act.

Question 2

When does involuntary manslaughter occur?

Answer 2

When the defendant causes the death of a victim but does not mean to therefore does not satisfy the MR of murder.

Question 3

What are the two types of involuntary manslaughter?

Answer 3

Unlawful act manslaughter (UAM)

Gross negligence manslaughter

Question 4

What must there be to satisfy the actus reus of involuntary manslaughter?

Answer 4

An unlawful act including arson, burglary or criminal damage.

Question 5

What is the significance of R v Goodfellow?

Answer 5

The unlawful act can be aimed at property - burnt down council flat

Question 6

What is the significance of R v Lamb

Answer 6

No assault - boys played with revolver and didn’t realise the barrel turned so thought was safe

Question 7

What’s the significance of R v Lowe?

Answer 7

Must be an act and not an omission - failed to look after son, found guilty of unlawful neglect and manslaughter

Question 8

What does the church test define a dangerous act as?

Answer 8

“Such as all sober and reasonable people would inevitably recognise must subject the other person, V, to, at least, some harm resulting therefrom albeit not serious harm”

Question 9

What is the significance of R v Dawson?

Answer 9

No sober and reasonable person would realise the risk - petrol station attendant dies from heart attack during attempted robbery, he suffered from a heart condition

Question 10

What’s the significance of R v Watson?

Answer 10

Should have realised risk of some harm - robbed a frail, elderly lady

Question 11

What is the significance of R v Bristow, Dunn and Delay?

Answer 11

A sober and reasonable person would realise the risk of some harm.

Question 12

What’s the significance of R v JM and SM?

Answer 12

D doesn’t need to foresee the actual cause of death - only needs to foresee some risk of harm

Question 13

What is the significance of R v Mitchell?

Answer 13

The act doesn’t need to be aimed at the victim, can be transferred malice - d pushed into man at post office who fell into old lady who fell and died

Question 14

Which rules of causation apply for UAM?

Answer 14

Factual - but for test
Legal - more than minimal

Question 15

Which case is used for D needing a MR for an unlawful act?

Answer 15

R v Newbury and Jones

Question 16

When does Gross negligence manslaughter occur?

Answer 16

When the defendant owes the victim a duty of care which he breaches in a very negligent way, causing the death of the victim.

Question 17

In which case were the elements of GNM confirmed?

Answer 17

R v Adomako - anaesthetist failed to notice breathing tube had disconnected - patient dies

Question 18

What are the 4 elements needed for GNM?

Answer 18

An existence of a duty of care towards the victim
A breach of that duty of care
The breach needs to cause a death
The negligence has to be so serious to be gross negligence

Question 19

Is a duty of care a civil or criminal principle? And which case was this developed in?

Answer 19

A civil principle developed in Donoghue v Stevenson

Question 20

What happens in the case of R v Wacker?

Answer 20

Took 60 immigrants across the channel and close air vents - ferry was then delayed and 58 of the immigrants suffocated

Question 21

What is the significance of R v White?

Answer 21

Not a factual cause