Involuntary Manslaughter

Question 1

Unlawful act manslaughter

Answer 1

Where the defendant does a lesser unlawful act which involves the risk of harm and the act leads to the death of the victim

Question 2

Stage 1 unlawful act

Answer 2

Thd defendant must have committed a lesser unlawful act
Battery
Assault

Franklin- the act must be a crime not a civil wrong doing

Question 3

Khan & khan

Answer 3

The unlawful act must be a positive act not an omission

Question 4

Stage 1. Unlawful act side rule

Answer 4

The lesser unlawful act can be indirect
MITCHELL

Question 5

Stage 2 unlawful act

Answer 5

Would a reasonable person see a risk of harm
R V CHURCH

Question 6

Stage 2 unlawful act also asks

Answer 6

Would a sober and reasonable person see a risk of harm
DPP V NEWBURY & JONES

Question 7

Stage 3 unlawful act

Answer 7

The unlawful act must cause the risk of death

1) factual causation - but for test WHITE

2) Legal causation - significant contribution KIMSEY

3) Intervening acts - are there any causation issues

Question 8

Stage 4. Diminished
The defendant must have mes rea for lesser unlawful act

Answer 8

Intention for the lesser unlawful act
GOODFELLOW

Question 9

Gross negligence manslaughter

Answer 9

When the defendant did not intend to kill the victim but the defendant beached a duty to the victim and the victim died
R V ADAMAKO

Question 10

Adamako set a …. Stage test

Answer 10

4 . Adamako ~ ordinary principles of negligence apply

Question 11

Stage one gross negligence
Defendant must owe a duty of care to the victim

Answer 11

Foreseeable ~ is it foreseeable that the victim will be injured as a result of the defendants actions

Proximity ~ was there a relationship of closeness between defendant and the victim

Reasonable ~ is it fair to give a duty to the defendant

Question 12

Stage 1 . Gross negligence~ side rule

Answer 12

Joint enterprise
If the defendant and victim are jointly engaged in a crime , they owe each other a duty of care
R V WACKER

Question 13

Stage 2. Gross negligence
Was there a breach of duty by the defendant

Answer 13

Had the Defendants actions fallen below the standard expected of a reasonable person

Question 14

Stage 2. Gross negligence side rule

Answer 14

Is the duty based on an omission
A. Contractual Duty (pitwood)

B. Special relationship (gibbons&proctor)

C. Voluntary assumption of a duty (gibbons&proctor)

D) creating a dangerous situation (Miller)

Question 15

Stage 3. Gross negligence

Answer 15

Was the risk of doubt reasonably foreseeable
R V MISRA V STRIVASTAVA

Question 16

Stage 4. Gross negligence
Was the breach of duty gross

Answer 16

Defendants actions must :
•Be so bad they ought to be a crime
•Show a total disregard for life and safety of others
R V ADAMAKO / BATEMAN