involuntary manslaughter Flashcards
what is involuntary manslaughter?
when a D kills someone without intending death of GBH
what is the AR of involuntary manslaughter
unlawfully causing the death of a human being
what are the 3 elements to unlawful act manslaughter
do an unlawful act which is dangerous and causes the victims death
can criminal damage count as an unlawful act of involuntary manslaughter?
yes- DPP v Newbury and Jones
can failure to act give rise to IM
no- R v Lowe D- must be a positive act
who decides whether the unlawful act was dangerous?
the jury
what is the test for dangerousness?
R v Church- objective- one which ‘all sober and reasonable people would inevitably recognise must subject the other person to, or at least risk them some harm…albeit not serious harm’ (must be person not property)
what does the Ds knowledge have to do with classifying an act as dangerous?
the reasonable person is deemed to have the knowledge that the D had or should have had at the time of the offence had they been present tat the scene of the crime and watched the act being performed
what must be proved for the cause of death to be satisfied?
normal factual and legal causation- if this isn’t proved they could still be liable for a different offence e.g. assault
what is the MR fir unlawful act manslaughter
changes to ‘fit in’ with the unlawful act
what elements must be satisfied to be convicted with gross-negligence manslaughter?
the D owed the victim a duty of care, D breached the duty, breach caused the death of victim, Ds conduct was grossly negligent
can you be liable for GNM for an omission?
yes if D owes a duty of care- R v Khan
what is gross negligence?
conduct of the D is sufficiently bad to justify the law imposing a criminal penalty and not just one under the civil law- R v Bateman and Lortd Atkin in Andrews v DPP
what is the test for grossly negligent manslaughter
R v Singh- circumstnaces must be such that a reaonsbly prudent person would have foreseen a serous and obvious risk, not just injury
is what the D foresaw relevant for gross negligence?
no- R v Rose- only the reasonable person
