Involuntary Manslaughter

Question 1

Definition of Involuntary Manslaughter?

Answer 1

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

Question 2

What are the two types of Involuntary Manslaughters?

Answer 2

Unlawful Act Manslaughter
Gross Negligence Manslaughter

Question 3

Definition of Unlawful Act Manslaughter?

Answer 3

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

Question 4

Cases for D has committed an Unlawful Act?

Answer 4

R v Lamb
R v Franklin
R v Lowe

Question 5

What is stated in R v Lamb?

Answer 5

There must be an unlawful act

Question 6

What is stated in R v Franklin?

Answer 6

Civil wrong cannot be unlawful act manslaughter

Question 7

What is stated in R v Lowe?

Answer 7

Must be an act for UAM, omission is not sufficient

Question 8

Objective Test for Act must be Dangerous?

Answer 8

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

Question 9

Case for objective test in UAM?

Answer 9

R v Church

Question 10

Cases for Act must be Dangerous in UAM?

Answer 10

R v Larkin
R v Goodfellow
R v Watson

Question 11

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

Answer 11

Likely to cause some harm is sufficient

Question 12

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

Answer 12

Act can be aimed at property

Question 13

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

Answer 13

Must be risk of physical harm, fear is not enough

Question 14

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

Answer 14

Factual Causation (R v Pagett)

Legal Causation (R v Kimsey)

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

Question 15

What is the Mens Rea for UAM?

Answer 15

D must have mens rea for the unlawful act

Question 16

Case for mens rea in UAM?

Answer 16

DPP v Newbury and Jones

Question 17

What is stated in DPP v Newbury v Jones?

Answer 17

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

Question 18

Structure for UAM?

Answer 18

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

Question 19

Definition of Gross Negligence Manslaughter?

Answer 19

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

Question 20

Leading case for GNM?

Answer 20

R v Adomako

Question 21

Structure for GNM?

Answer 21

Must owe a Duty of Care

Breach of Duty caused Death (causation)

Negligence Must be Gross

Mens Rea

Question 22

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

Answer 22

Caparo v Dickman - Caparo Test

Question 23

What are the Caparo Principles?

Answer 23

Proximity of Relationship

Fair, Just and Reasonable to Impose a Duty

Reasonably Foreseeable

Question 24

Cases for must owe a duty of care in GNM?

Answer 24

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

Question 25

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

Answer 25

Landlord owed a duty to manage the property

Question 26

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

Answer 26

Owner of sailing ship owed duty to crew

Question 27

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

Answer 27

Parents owe a duty of care to their child

Question 28

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

Answer 28

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

Question 29

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

Answer 29

Causation Test

Question 30

Cases for Negligence must be Gross?

Answer 30

R v Bateman R v Misra

Question 31

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

Answer 31

Must have disregard for someone's life

Question 32

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

Answer 32

Cannot be a risk of anything but death

Question 33

Mens rea of GNM?

Answer 33

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