Involuntary Manslaughter

Question 1

When does the offence of involuntary manslaughter arise?

Answer 1

when D lacks the MR for murder

Question 2

What are the 2 types of involuntary manslaughter?

Answer 2

1. Constuctive/ unlawful act manslaughter
2. Gross Negligence Manslaughter

Question 3

UAM- what are the 4 elements

Answer 3

death caused by D intentionally performing an unlawful, dangerous act- R v Larkin 1943

Question 4

D’s act must be intentional- UAM- case law

Answer 4

Lowe 1973- not an omission

Question 5

The act must be unlawful- UAM- case law

Answer 5

Franklin 1983- must be a criminal offence/ Lamb 1967- every element of the base offence must be satisfied

Question 6

The unlawful act, intentionally performed, must not be directed at the victim-UAM- case law

Answer 6

Goodfellow 1986

Question 7

objectively dangerous-UAM-case law

Answer 7

R v Church 1966- all sober and reasonable people threshold (H hits W)
Dawson 1985- with any special knowledge D has or ought to have had (gas station, fake guns, old cashier)

Question 8

the act must cause death- UAM- Case law
remember causation-factual and legal

Answer 8

Kennedy No.2 2007- no new intervening acts; acts which are self-induced/voluntary- relevant in drug cases

Question 9

What are the elements of GNM-Adomako 1995

Answer 9

D owed an existing duty of care
D breached the duty of care
It was reasonably foreseeable that D’s breach gave rise to serious/obvious risk of death
Breach caused the death of V
The circumstances of the breach were truly exceptional

Question 10

Duty of Care- GNM- case law

Answer 10

general guidance from tort, also covers omissions- Evans 2009- D failed to call ambulance, when having supplied V with drugs and she felt unwell

Question 11

breach of duty-GNM- Case law

Answer 11

Reasonable man- objective test- Adomako 1995

Question 12

D’s awareness of death is not necessary

Answer 12

AG’s Reference No.2 of 1999