Involuntary Manslaughter Flashcards
What is Involuntary Manslaughter?
D causing death of victim he doesn’t need to have intended to kill or cause gbh
What are the Two types of involuntary Manslaughter?
Unlawful act manslaughter
Gross Negligence manslaughter
What are the three Ar Unlawful act manslaughter?
1)A Unlawful criminal act-Cannot be omission.must include minor offence such as assault and criminal damage
2)Likely to cause harm/dangerous
3)Causing death-Apply chain of Causation
Cases for Unlawful criminal Act?
-R v Franklin-He hit someone accidentally civil act not found guilty
-R v Arobieke-Stared at victim and lead to their death because felt assaulted not guilty
Cases for Likely to cause harm/dangerous?
-R v Church-“such a reasonable person would inevitably recognise most subject the other person to at least risk some harm”
-DPP v Newbury and Jones-HL explained that no proof that D know the act was unlawful or dangerous/likely to cause harm
Case for Causing Death?
-R v Goodfellow-tried to rescue kid and wife from the fired bomb in the house he created but they died
-R v Kennedy-D will not be liable for supplying drugs
What is Mens rea of Unlawful act manslaughter?
-the original mens Rea of crime which his liability is based on
-R v lamb-Didn’t have Mr for assault
What is the leading case of Gross Negligence?
R v Adomako
R v Adomako developed 5 test to prove Gross negligence?
a)proof of existence of duty care
b)Breach of that duty
c)Gross negligence
d)Causation
e)Risk of death
What is a proof of existence of duty care?
Caparo Industries v Dickman-Three part test laid:
a)was damage foreseeable?
b)was there a proximity between D and V?
c)Fair and reasonable to impose a DOC?
-R v Kite-owner of an outdoor pursuits centre to his customers
What is Breach of that duty?
Adomako-“requires the defendant to fall below standards of the fictional reasonable men shows he acted unreasonably”
-Blyth v Birmingham waterworks-reasonable man would or doing something which a prudent reasonable man would not”
-Nettleship vs Weston and Bolam v Friem
What is Gross Negligence?
- R v Bateman - stated “in order to establish criminal liability the facts must be such that in opinion of Jury the negligence went being mere matter of compensation between subjects and disregard life and safety of others
- Andrew v DPP-HL declared “a very high degree of negligence is required to be proved”
What is Risk Death?
R v stone and Dobinson-Court spoke risk to “health and welfare of victim”
Bateman court refereed to a “disregard for the life and safety of others”
Adamako Lord Mackey referred there needing to be “risk of death”
