Involuntary Manslaughter Flashcards
What is Gross Negligence Manslaughter
When a duty of care is owed, and the breach of duty is so severe that it is criminal and causes death.
Leading case for GNM
Adomako
Is a mens rea required to convict gross negligence manslaughter?
No (Ag Ref no 2 of 1999)
How to establish duty of care?
Caparo v Dickman (mentioning is enough). Any risk of death is enough to amount to a duty (Singh)
Who is liable for a group action resulting in death?
Everyone, not just the leader. (Wacker)
How is breach established in GNM?
Has the standard of care dropped below the standards expected of D (objective)?
Andrews v DPP
Andrews v DPP
Has the standard of care dropped below the standards expected of D?
Case for breach - Gross Negligence Manslaughter
Case for breach in GNM?
Andrews v DPP - Objective test
Willoughby can also be mentioned.
Constructive Act Manslaughter
When the defendant’s criminal conduct is dangerous enough to have caused death.
How to answer Constructive Act Manslaughter questions?
Murder AR must be present
Unlawful action comitted by D
Act must be dangerous
Act must cause death.
Miku’s Unlawful Agonizing Atrocities
Khan & Khan
Murder AR must be present
Constructive Act Manslaughter
Franklin
D’s action must be unlawful
Church
Action must be dangerous
Constructive Act Manslaughter
Thabo Meli
Action must cause the death
Diminished Responsibility
Constructive act manslaughter - MR?
The MR required is the MR of the criminal act.
Murder AR must be present
Constructive Act Manslaughter
Khan & Khan
D’s action must be unlawful
Franklin
Constructive Act Manslaughter
(like the badge)
Action must be dangerous
Church
Action must cause the death
Thabo Meli
Adomako
Leading case for GNM
Ag Ref no 2 of 1999
Mens rea not required to convict gross negligence manslaughter
MR must be of unlawful act
Constructive manslaughter
Goodfellow
