Involuntary Manslaughter Flashcards
Definition of Involuntary Manslaughter?
Is an unlawful killing where the defendant does not have the mens rea of murder
What are the two types of Involuntary Manslaughters?
Unlawful Act Manslaughter
Gross Negligence Manslaughter
Definition of Unlawful Act Manslaughter?
Where the defendant causes a death through doing an unlawful act that is objectively dangerous with the necessary mens rea for the unlawful act
Cases for D has committed an Unlawful Act?
R v Lamb
R v Franklin
R v Lowe
What is stated in R v Lamb?
There must be an unlawful act
What is stated in R v Franklin?
Civil wrong cannot be unlawful act manslaughter
What is stated in R v Lowe?
Must be an act for UAM, omission is not sufficient
Objective Test for Act must be Dangerous?
Would a sober and reasonable person realise the risk of some harm
Case for objective test in UAM?
R v Church
Cases for Act must be Dangerous in UAM?
R v Larkin
R v Goodfellow
R v Watson
What is stated in R v Larkin in Act must be Dangerous for UAM?
Likely to cause some harm is sufficient
What is stated in R v Goodfellow in Act must be Dangerous for UAM?
Act can be aimed at property
What is stated in R v Watson in Act must be Dangerous for UAM?
Must be risk of physical harm, fear is not enough
What elements must be established if Act caused death in UAM?
Factual Causation (R v Pagett)
Legal Causation (R v Kimsey)
Victims own act will break chain of causation (R v Kennedy)
What is the Mens Rea for UAM?
D must have mens rea for the unlawful act
Case for mens rea in UAM?
DPP v Newbury and Jones
What is stated in DPP v Newbury v Jones?
Not necessary to prove if D foresaw any harm from his or her actions
Structure for UAM?
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
Definition of Gross Negligence Manslaughter?
Where D is grossly negligent in the breach of duty of care towards V, which results in V’s death.
Leading case for GNM?
R v Adomako
Structure for GNM?
Must owe a Duty of Care
Breach of Duty caused Death (causation)
Negligence Must be Gross
Mens Rea
What test do you use if it is a new case in GNM?
Caparo v Dickman - Caparo Test
What are the Caparo Principles?
Proximity of Relationship
Fair, Just and Reasonable to Impose a Duty
Reasonably Foreseeable
Cases for must owe a duty of care in GNM?
R v Singh
R v Lichfield
R v Khan and Khan
R v Edwards
R v Wacker
What is stated in R v Singh about duty of care for GNM?
Landlord owed a duty to manage the property
What is stated in R v Lichfield about duty of care for GNM?
Owner of sailing ship owed duty to crew
What is stated in R v Edwards about duty of care for GNM?
Parents owe a duty of care to their child
What is stated in R v Wacker about duty of care for GNM?
Not relevant id D is part of an illegal act, D put illegal immigrants in a lorry with closed vent
In GNM what must be proved in breach of duty causing death
Causation Test
Cases for Negligence must be Gross?
R v Bateman
R v Misra
What is stated in R v Bateman about negligence must be gross in GNM?
Must have disregard for someone’s life
What is stated in R v Misra about negligence must be gross in GNM?
Cannot be a risk of anything but death
Mens rea of GNM?
Defendant will be judged by their behaviour rather than their state of mind, does not matter if the defendant did not see the risk
