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Involuntary Manslaughter Flashcards

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1
Q

Definition of Involuntary Manslaughter?

A

Is an unlawful killing where the defendant does not have the mens rea of murder

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2
Q

What are the two types of Involuntary Manslaughters?

A

Unlawful Act Manslaughter
Gross Negligence Manslaughter

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3
Q

Definition of Unlawful Act Manslaughter?

A

Where the defendant causes a death through doing an unlawful act that is objectively dangerous with the necessary mens rea for the unlawful act

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4
Q

Cases for D has committed an Unlawful Act?

A

R v Lamb
R v Franklin
R v Lowe

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5
Q

What is stated in R v Lamb?

A

There must be an unlawful act

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6
Q

What is stated in R v Franklin?

A

Civil wrong cannot be unlawful act manslaughter

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7
Q

What is stated in R v Lowe?

A

Must be an act for UAM, omission is not sufficient

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8
Q

Objective Test for Act must be Dangerous?

A

Would a sober and reasonable person realise the risk of some harm

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9
Q

Case for objective test in UAM?

A

R v Church

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10
Q

Cases for Act must be Dangerous in UAM?

A

R v Larkin
R v Goodfellow
R v Watson

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11
Q

What is stated in R v Larkin in Act must be Dangerous for UAM?

A

Likely to cause some harm is sufficient

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12
Q

What is stated in R v Goodfellow in Act must be Dangerous for UAM?

A

Act can be aimed at property

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13
Q

What is stated in R v Watson in Act must be Dangerous for UAM?

A

Must be risk of physical harm, fear is not enough

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14
Q

What elements must be established if Act caused death in UAM?

A

Factual Causation (R v Pagett)

Legal Causation (R v Kimsey)

Victims own act will break chain of causation (R v Kennedy)

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15
Q

What is the Mens Rea for UAM?

A

D must have mens rea for the unlawful act

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16
Q

Case for mens rea in UAM?

A

DPP v Newbury and Jones

17
Q

What is stated in DPP v Newbury v Jones?

A

Not necessary to prove if D foresaw any harm from his or her actions

18
Q

Structure for UAM?

A

Define

D has committed an Unlawful Act

Act must be Dangerous (objective test)

Act must cause V Death (causation)

D must have mens rea for the Unlawful Act

19
Q

Definition of Gross Negligence Manslaughter?

A

Where D is grossly negligent in the breach of duty of care towards V, which results in V’s death.

20
Q

Leading case for GNM?

A

R v Adomako

21
Q

Structure for GNM?

A

Must owe a Duty of Care

Breach of Duty caused Death (causation)

Negligence Must be Gross

Mens Rea

22
Q

What test do you use if it is a new case in GNM?

A

Caparo v Dickman - Caparo Test

23
Q

What are the Caparo Principles?

A

Proximity of Relationship

Fair, Just and Reasonable to Impose a Duty

Reasonably Foreseeable

24
Q

Cases for must owe a duty of care in GNM?

A

R v Singh
R v Lichfield
R v Khan and Khan
R v Edwards
R v Wacker

25
Q

What is stated in R v Singh about duty of care for GNM?

A

Landlord owed a duty to manage the property

26
Q

What is stated in R v Lichfield about duty of care for GNM?

A

Owner of sailing ship owed duty to crew

27
Q

What is stated in R v Edwards about duty of care for GNM?

A

Parents owe a duty of care to their child

28
Q

What is stated in R v Wacker about duty of care for GNM?

A

Not relevant id D is part of an illegal act, D put illegal immigrants in a lorry with closed vent

29
Q

In GNM what must be proved in breach of duty causing death

A

Causation Test

30
Q

Cases for Negligence must be Gross?

A

R v Bateman
R v Misra

31
Q

What is stated in R v Bateman about negligence must be gross in GNM?

A

Must have disregard for someone’s life

32
Q

What is stated in R v Misra about negligence must be gross in GNM?

A

Cannot be a risk of anything but death

33
Q

Mens rea of GNM?

A

Defendant will be judged by their behaviour rather than their state of mind, does not matter if the defendant did not see the risk

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