involuntary manslaughter

Question 1

involuntary manslaughter

Answer 1

• unlawful killing where the defendant does not have the intention either direct or oblique , to kill or to cause grievous bodily manslaughter

Question 2

unlawful act manslaughter

Answer 2

• when the D has done a dangerous unlawful act which caused death, and makes the D liable even though they didnt realise that death or injury might occur

Question 3

what are the elements of unlawful act manslaughter

Answer 3

• D must do an unlawful act (ar)
• that act must be so dangerous on an objective test
• the act must cause death
• the D must have the required mens rea for the unlawful act

Question 4

what is an unlawful act

Answer 4

• death must be caused by unlawful act, which must be a criminal offence,

Question 5

what case represents an unlawful act

Answer 5

R V LAMB

not guilty, no intent to harm/no awareness of the danger so act was not unlawful or dangerous under the law

Question 6

what case shows that an omission can’t create a liability for unlawful act manslaughter

Answer 6

r v Lowe

Question 7

dangerous act

Answer 7

• the unlawful act must be dangerous on an objective test

Question 8

r v church

Answer 8

• held that it must be

such as all sober and reasonable people would inventabilty recognise must subject the other person to at least, the risk of some harm resulting therefrom , albeit not serious harm

Question 9

r v Larkin

Answer 9

• conviction of manslaughter
• act he did was dangerous , reasonable person would’ve recognised the risk
• the fact that he didnt intend to harm the woman didnt matter bc the act itself was unlawful and dangerous

Question 10

r v good fellow

Answer 10

• unlawful act doesn’t have to be aimed at a person but can be aimed at a property

case showed the element son unlawful act manslaughter

Question 11

elements of unlawful act manslaughter

Answer 11

shown in r v good fellow

• 1. 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

3. -the unlawful act caused the death

4- act was committed intentionally - good fellow intended to set the flat on fire

Question 12

physical harm

Answer 12

r v Dawson - shows that risk of harm = physical harm , fear/apprehension isn’t sufficient

r v Watson = d has to physically harm them,

Question 13

causing the death

Answer 13

unlawful act =. must cause the death

intervening act that breaks chain of causation , D can’t be liable for manslaughter

Question 14

cases where the death results from unlawful supply of drugs

Answer 14

• 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

Question 15

mens rea

Answer 15

must be proven
- not necessary for D to realise that the act is unlawful or dangerous

SHOWN IN

DPP V Newbury and jones

Question 16

negligence factors

Answer 16

• owed claimant duty of care
• breached duty of care
• breach caused reasonably forceable injury or damage

Question 17

when is gross negligence manslaughter committed

Answer 17

• 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

Question 18

leading case for gnm

Answer 18

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

Question 19

what is the definiton of gnm

Answer 19

• 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

Question 20

what case showed the 6 elements that have to be proven before a D can be convicted of gnm

Answer 20

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
4 = reasonably foreseeable at the time of breach of the duty that breach gave rise to 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