Involuntary Manslaughter

Question 1

What are the two types of involuntary manslaughter?

Answer 1

1. Unlawful Act Manslaughter
2. Gross Negligence Manslaughter

Question 2

What is unlawful act manslaughter defined as?

Answer 2

D commits a lesser unlawful act that involves a risk of harm and leads to V’s death, 4 stages need to be proved.

Question 3

What is a lesser fatal offence?

Answer 3

Assault or battery.

Question 4

What is assault?

Answer 4

D does an act which causes V fear.

Question 5

What is battery?

Answer 5

D makes contact with V (slap/punch/kick).

Question 6

What is stage one of unlawful act manslaughter?

Answer 6

D must commit an unlawful act eg assault or battery.

Question 7

What does Franklin say about stage one of unlawful act manslaughter?

Answer 7

The unlawful act must be a crime not a civil wrong.

Question 8

What does Khan and Khan say about stage one of unlawful act manslaughter?

Answer 8

The unlawful act must be a positive act not an omission.

Question 9

What is the side rule for unlawful act manslaughter?

Answer 9

The unlawful act can be indirect (Mitchell).

Question 10

What is stage two of unlawful act manslaughter?

Answer 10

The unlawful act must involve the risk of harm, objective test.

Question 11

What is the objective test for stage two for unlawful act manslaughter?

Answer 11

1. Would a reasonable person observing the act see a risk of harm? (Church)
2. Would a danger be obvious to any sober and reasonable person? (DPP v Newbury + Jones)

Question 12

What is stage three of unlawful act manslaughter?

Answer 12

The unlawful act must have caused the death.

Question 13

What is the test for stage three of unlawful act manslaughter?

Answer 13

1. Is the D the factual cause of V’s death (but for test-White)
2. Is the D the legal cause of the V’s death (significant contribution-Kimsey)
3. Are there any causation issues

Question 14

What is stage four of unlawful act manslaughter?

Answer 14

D must have the mens rea for the lesser unlawful act, recklessness is not enough the D must have intended the lesser unlawful act.

Question 15

What does Goodfellow say about stage four of unlawful act manslaughter?

Answer 15

D must have intended the unlawful act.

Question 16

What is gross negligence manslaughter defined as?

Answer 16

A four stage test established in Adamako.

Question 17

What is stage one of gross negligence manslaughter?

Answer 17

Did D owe V a duty of care?

Question 18

What are the ordinary principles of negligence that were defined by Lord Mackay in Adamako? (Stage 1 GNMS)

Answer 18

1. Is the result foreseeable as a result of D’s actions?
2. Do the D and the V has a relationship of proximity?
3. Is it fair and reasonable to impose a duty on the D?

Question 19

What is the side rule for gross negligence manslaughter?

Answer 19

If D and V are jointly engaged in crime they still owe each other a duty of care (Wacker).

Question 20

What is stage two of gross negligence manslaughter?

Answer 20

Stage two asks if there was a breach of duty by the D (usually an omission).

Question 21

What does Lord Mackay in Adamako say about stage one of gross negligence manslaughter?

Answer 21

The ordinary principles of negligence apply to establish whether D was in breach of their care.

Question 22

What is the objective question asked in stage two of gross negligence manlsaughter?

Answer 22

Have D’s actions fallen below the standard expected of a reasonable man?

Question 23

What are the different types of omissions?

Answer 23

1. Contractual duty (Pitwood)
2. Voluntary assume responsibility (Gibbons and Proctor)
3. Special relationships (Gibbons and Proctor)
4. D creates a danger (Miller)

Question 24

What is stage three of gross negligence manslaughter?

Answer 24

Stage three asks whether the breach of duty involved a risk of death.

Question 25

What does Misra say about stage three of gross negligence manslaughter?

Answer 25

D can only be liable if a risk of death was foreseeable to a reasonable person.

Question 26

What is stage four of gross negligence manslaughter?

Answer 26

Stage four asks whether the breach of duty was ‘gross’?

Question 27

What does Bateman say about stage four of gross negligence manslaughter?

Answer 27

A breach is ‘gross’ if the D showed a total disregard for life and the safety of others and it so bad it ought to be a crime (confirmed in Adamako).