Involuntary Manslaughter

Question 1

How many types are there of involuntary man slaughter ?

Answer 1

2-
Unlawful act
Gross negligence

Question 2

Is involuntary manslaughter a defence or an offence ?

Answer 2

Offence

Question 3

What is in unlawful act manslaughter ?

Answer 3

Where the D has unintentionally killed the v through a lesser unlawful act eg assault or battery

Question 4

What is the definition of unlawful act manslaughter ?

Answer 4

Four stage test that must be established

Question 5

What is stage 1 of unlawful act manslaughter ?

Answer 5

There must be an unlawful act (assault or battery )

Question 6

What is the key law according to khan and khan for stage 1 unlawful act ?

Answer 6

The act must be a positive act not an omission

Question 7

What is the side rule for stage 1 unlawful act manslaughter ?

Answer 7

Franklin- it must be a crime not a civil wrong

Question 8

What is stage 2 of unlawful act manslaughter ?

Answer 8

The act must involve a risk of harm ( objective test )

Question 9

What does the key law of church state for stage 2 unlawful act manslaughter

Answer 9

Would a reasonable person observing see a risk of harm ?

Question 10

What is the side rule for stage 2 unlawful act ?

Answer 10

Dpp v Newbury + Jones - D does not need to be aware of the risk as long as a sober and a reasonable person would

Question 11

What is stage 3 unlawful act manslaughter ?

Answer 11

Did the unlawful act cause the v’s death ?

Question 12

What have you got to establish for stage 3 unlawful act manslaughter ?

Answer 12

1) Factual causation
2) Legal causation
3) causation issues

Question 13

What is factual causation ?

Answer 13

But for test - But for D’s actions, would the result have happened anyway ? ( White )

Question 14

What is legal causation ?

Answer 14

Significant contribution - were the D’s actions more than a slight or trifling link to the result ? ( Kimsey )

Question 15

What is stage 4 unlawful act manslaughter ?

Answer 15

The must have the men’s rea to commit the lesser unlawful act ( Goodfellow )

Question 16

What is gross negligence manslaughter ?

Answer 16

Based on D owing the V a duty of care

Question 17

What is the definition of gross negligence manslaughter ?

Answer 17

Four stage test that must be proved ( Adamako )

Question 18

What is stage 1 gross negligence ?

Answer 18

The D must owe the v a duty of care

Question 19

What is the key law for stage 1 gross negligence ?

Answer 19

“Ordinary principles of negligence apply” ( Adamako )

Question 20

What are the 3 conditions for whether the D owes the V a duty of care for state 1 gross negligence ?

Answer 20

Foreseeable
Proximity
Reasonable

Question 21

What does the term foreseeable mean ?

Answer 21

Is it foreseeable that the the V will be injured as a result of D’s actions ?

Question 22

What does the term proximity mean ?

Answer 22

Do the D and the C have a relationship of legal closeness ?

Question 23

What does the term reasonable mean ?

Answer 23

Is it reasonable to give the D a duty of care ?

Question 24

What is the side rule for stage 1 gross negligence ?

Answer 24

Joint enterprise - if the D & the V are jointly engaged in a crime, they still owe eachother a duty of care ( Wacker )

Question 25

What is stage 2 gross negligence ?

Answer 25

Has the D breached a duty of care ( Adamako ) “ordinary principles of negligence apply”

Question 26

Key Question for stage 2 gross negligence !!!!

Answer 26

Has the D acted like a reasonable person ?

Question 27

What is the side rule for stage 2 gross negligence ?

Answer 27

Do any omissions help here ?

Question 28

What is stage 3 gross negligence ?

Answer 28

Did the breach of duty involve a risk of death ( Misra )

Deal with any causation issues

Question 29

What is stage 4 gross negligence ?

Answer 29

Is the breach of duty gross ?

Question 30

What is the key law for stage 4 gross negligence ?

Answer 30

Was the Breach so bad that it ought to be a crime ? Did the D show a total disregard for the life and safety of others ( Bateman/ Adamako)