involuntary manslaughter Flashcards
involuntary manslaughter
- unlawful killing where the defendant does not have the intention either direct or oblique , to kill or to cause grievous bodily harm
unlawful act manslaughter
- when the D has done a dangerous unlawful act which caused death,
-makes the D liable even though they didnt realise that death or injury might occur
what are the elements of unlawful act manslaughter
shown in good fellow
- D must do an unlawful act (ar) (r v lamb)
- that act must be so dangerous, judged objectively by reasonable person)( r v church)
- the act must cause death
- the D must have the required mens rea for the unlawful act (dpp. v Newbury and jones)
what is an unlawful act
- act that caused the death , thats a criminal offence
what case shows that an omission can’t create a liability for unlawful act manslaughter
r v Lowe
dangerous act
- the unlawful act must be dangerous on an objective test
r v church
- defined dangerous act as
- that a sober and reasonable person Ould see as carrying a risk of some harm
r v Larkin
-un lawful act led to a death
r v good fellow
unlawful act doesn’t need to be aimed at a person
elements of unlawful act manslaughter
shown in r v good fellow
- defendant does an unlawful act - e.g arson is an offence under the criminal damage act 1971
2- arson is dangerous - a reasonable person would recognise that it might cause some harm to another person, there was an obvious risk that someone in the flat might be hurt
- -the unlawful act caused the death
4- act was committed intentionally - good fellow intended to set the flat on fire
physical harm
r v Dawson - shows that risk of harm = physical harm , fear/apprehension isn’t sufficient
r v Watson = d has to physically harm them,
causing the death
unlawful act =. must cause the death
intervening act that breaks chain of causation , D can’t be liable for manslaughter
cases where the death results from unlawful supply of drugs
- if a person supplies drugs to one person and that person then administrates the drugs to themselves and then dies, its not an unlawful act
case r v kennedy
mens rea
must be proven
- not necessary for D to realise that the act is unlawful or dangerous
SHOWN IN
DPP V Newbury and jones
negligence elements
-defined by adomako
owed claimant duty of care ( Caparo v Dickman)
- breached duty of care
- breach caused death
- negligence was gross, showed disregard for life and safety
when is gross negligence manslaughter committed
- where the defendant owes the victim a duty of care but breaches that duty of care in a way that is so criminal it is negilifent causing death of victim
can be committed by act or omission, neither of which has to be unlawful
leading case for gnm
r v adomako
shows that elements of gnm are
- existence of a duty of care by the defendant towards the victim
- a breach of that duty of care which cases the death of gn which the jury considers to be so bad as to be criminal
what is the definiton of gnm
- form of involuntary manslaughter where the D is grossly negligent in breach of a duty of care towards the victim, this results in victimsd death
what case showed the 6 elements that have to be proven before a D can be convicted of gnm
r v Broughton
1 = defendant owed an existing duty of care to the victim
2 = the D negligently breached that duty of care
3 = at the time of the breach there was a serious and obvious risk of death
5=. breach of the duty caused or made a significant contribution to the death of the victim
6 = from view of the jury, breach was so bad and so repressible as to justify to conclusion that is amounted to gross neg
