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Law Unit 3 Homocide Acitvity 1 > Involuntary Manslaughter > Flashcards

Involuntary Manslaughter Flashcards

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1
Q

What is involuntary manslaughter?

A

It is a type of homicide where the defendant lacks the intent to kill or cause grievous bodily harm, but their actions lead to someone’s death.

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2
Q

What are the two main types of involuntary manslaughter?

A

Unlawful act manslaughter (UAM) and gross negligence manslaughter.

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3
Q

What is unlawful act manslaughter also known as?

A

Constructive manslaughter.

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4
Q

What are the essential elements of unlawful act manslaughter?

A

A positive act, an unlawful act, a dangerous act, the required mens rea, and causation leading to death.

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5
Q

Is intent to kill required for unlawful act manslaughter?

A

No, intent to kill or cause serious harm is not required.

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6
Q

What is required regarding the act in unlawful act manslaughter?

A

There must be a positive act; an omission is not sufficient.

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7
Q

Can an omission qualify as a positive act for UAM?

A

No, unlawful act manslaughter requires a positive act.

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8
Q

Why is an omission insufficient for unlawful act manslaughter?

A

Because UAM requires an active conduct that is unlawful and dangerous.

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9
Q

Give an example of a positive act leading to UAM.

A

Physically assaulting someone, leading to their death.

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10
Q

What case demonstrates that an omission is insufficient for UAM?

A

There is no specific case because UAM does not apply to omissions.

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11
Q

What is required regarding the nature of the act in UAM?

A

The act must be unlawful.

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12
Q

What types of crimes typically constitute an unlawful act in UAM?

A

Assault, battery, ABH, GBH, burglary, robbery, and criminal damage.

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13
Q

Does the prosecution need to prove intent to kill in UAM?

A

No, they only need to prove intent for the underlying unlawful act.

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14
Q

What did R v Ball illustrate about the unlawful act requirement?

A

It demonstrated that a mistaken belief does not make an act lawful if it is objectively dangerous.

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15
Q

Why was the conviction upheld in DPP v Newbury despite the defendants’ age?

A

Because foresight of harm is not required; the act itself was dangerous and unlawful.

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16
Q

What must the defendant have regarding mens rea in UAM?

A

The defendant must have the mens rea for the underlying criminal act.

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17
Q

Do defendants need to foresee death or serious harm in UAM?

A

No, they only need to have the intent for the unlawful act.

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18
Q

How does R v Lamb illustrate the lack of mens rea?

A

The defendants lacked intent for assault as both thought the gun would not fire, so there was no unlawful act.

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19
Q

Is it necessary for the defendant to foresee harm resulting from their act?

A

No, as established in DPP v Newbury; there is no requirement to foresee harm.

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20
Q

What case established that foresight of harm is not necessary in UAM?

A

DPP v Newbury.

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21
Q

What makes an act ‘dangerous’ in UAM?

A

An act is dangerous if a sober and reasonable person would recognize it as carrying a risk of physical harm.

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22
Q

What case established the ‘dangerous act’ test?

A

R v Church.

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23
Q

How did R v Church define a dangerous act?

A

An act that a sober and reasonable person would recognize as risking some harm.

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24
Q

What does R v Larkin illustrate about dangerous acts?

A

Waving a cut-throat razor was deemed dangerous as it posed an obvious risk of physical harm.

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25
Q

Is it enough for the act to cause fear or apprehension?

A

No, fear alone is not sufficient; there must be a risk of physical harm.

26
Q

Can property damage qualify as a dangerous act in UAM?

A

Yes, if it carries a risk of physical harm to people.

27
Q

What case involved property damage in UAM?

A

R v Goodfellow, where an arson that killed people was considered a dangerous act.

28
Q

In R v Goodfellow, why was the property damage considered dangerous?

A

The arson carried an obvious risk of harm to people in the vicinity.

29
Q

Does R v Goodfellow show that intent to harm property can lead to UAM?

A

Yes, if the act creates a foreseeable risk of harm to others.

30
Q

Can an act against property be sufficient for UAM if there is no risk to people?

A

No, there must be a foreseeable risk of harm to others.

31
Q

Is fear or apprehension enough to qualify an act as dangerous in UAM?

A

No, there must be a risk of physical harm.

32
Q

What does R v Dawson demonstrate about fear and dangerous acts?

A

Causing fear alone, such as in a robbery, is insufficient if it does not carry a risk of physical harm.

33
Q

In R v Dawson, why was the robbery not considered a dangerous act?

A

The victim’s fear-induced heart attack was not foreseeable as there was no inherent risk of physical harm.

34
Q

What is required beyond fear to make an act dangerous?

A

A reasonable person must foresee a risk of physical harm.

35
Q

Can an act causing emotional upset qualify as a dangerous act?

A

No, emotional upset alone does not meet the standard for a dangerous act.

36
Q

What role does causation play in UAM?

A

The defendant’s act must cause the death of the victim.

37
Q

What is factual causation in UAM?

A

The ‘but for’ test – but for the defendant’s act, the death would not have occurred.

38
Q

What case demonstrates factual causation?

A

R v White (but not in UAM context, often applied generally).

39
Q

What is legal causation in UAM?

A

The act must be a significant and operative cause of death.

40
Q

What case illustrates legal causation as ‘more than a minimal cause’?

A

R v Kimsey.

41
Q

What is an intervening act?

A

An event that breaks the chain of causation between the defendant’s act and the victim’s death.

42
Q

How might medical intervention affect causation in UAM?

A

If medical treatment is grossly negligent, it could break the chain of causation.

43
Q

What case discusses medical intervention in the context of causation?

A

R v Cheshire.

44
Q

What does R v Kennedy say about voluntary acts by the victim in UAM?

A

A voluntary act by the victim, like self-injection, may break the chain of causation.

45
Q

Does the chain of causation break if the victim’s actions are voluntary?

A

Yes, if the act is truly voluntary and not coerced.

46
Q

In DPP v Newbury, what was the court’s ruling on foresight of harm?

A

There is no need for the defendant to foresee harm for UAM.

47
Q

What did R v Cato demonstrate regarding causation in UAM?

A

Administering drugs can be seen as the cause of death if the defendant prepared and administered them.

48
Q

Why was R v Cato criticized regarding causation?

A

It linked the defendant’s conduct directly to the victim’s death, which some found overly strict.

49
Q

What did R v Kennedy clarify about causation and drug administration?

A

If the victim voluntarily self-administers drugs, it breaks the chain of causation.

50
Q

How does causation relate to foreseeability of harm?

A

The dangerous act must be a foreseeable risk of harm to be causative in UAM.

51
Q

If someone throws a punch, intending to frighten but not hurt, and the victim dies, can this be UAM?

A

Yes, if a reasonable person would see it as dangerous and it leads to death.

52
Q

If a defendant accidentally causes death during an attempted robbery, is this UAM?

A

Yes, as robbery is an unlawful and dangerous act.

53
Q

If property damage results in a fatal fire, could this be UAM?

A

Yes, if a reasonable person would foresee the risk of harm to others.

54
Q

Can UAM apply if the defendant did not intend or foresee death?

A

Yes, intent to harm or foresee death is not required, only the intent for the unlawful act.

55
Q

If a victim has a pre-existing condition exacerbated by the defendant’s act, is this UAM?

A

Yes, under the thin skull rule, the defendant must take the victim as they find them.

56
Q

What did R v Larkin establish about dangerous acts in UAM?

A

It showed that a reasonable person would see waving a razor as dangerous.

57
Q

What principle did R v Church establish in UAM?

A

The ‘dangerousness test’ – a reasonable person must foresee a risk of harm.

58
Q

Why was the unlawful act in R v Dawson not sufficient for UAM?

A

The robbery only caused fear, not an actual risk of physical harm.

59
Q

How does R v Goodfellow illustrate UAM with property damage?

A

Arson was dangerous as it posed a risk of harm to others nearby.

60
Q

In R v Lamb, why was UAM not applicable?

A

There was no assault as neither party thought the gun would fire, so no unlawful act.

Law Unit 3 Homocide Acitvity 1 (3 decks)

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