Involuntary Manslaughter Flashcards
What are the two types of involuntary manslaughter ?
- Gross negligence manslaughter
- Unlawful act manslaughter
What is involuntary manslaughter ?
An unlawful killing where the defendant does not have the intention, to kill or cause GBH.
What are the tests to establish liability for gross negligence manslaughter ?
- Duty of care
- Breach in duty of care
- Which causes death (causation)
- Gross negligence (MR)
- Risk of death
What are some examples for duty of care ?
-Duty by omission
-Neighbour principle
-Doctor/patient
- Parent/child
What is the test for breach of duty of care ?
Reasonable man test …
“There must be a duty of care, according to the standards of the ordinary reasonable man with the same level of skill and expertise”.
What rules are applies to establish “which causes death”
Normal causation rules…
- Factual causation ( but for test )
- Legal causation ( more than minimal/substantial )
( CASE ? ) defined “gross negligence” as ….
Adomako defined gross negligence, as “D must have done something “so bad/serious that it amounted to a criminal offence”
Which case defined risk of death
Rv Rose
Rv Rose defined ( obvious ) risk of death as …
“An obvious risk is a present risk which is clear and
unambiguous, not one which might become apparent on further investigation.”
What is the tests to establish liability for unlawful act manslaughter ?
- Unlawful act
- Dangerous
- Which causes death (causation)
- MR for unlawful act
What types of crime can satisfy “unlawful act”
Any crime can satisfy this test - however in most cases the offence will be an offence against the person.
What did “Lowe”, establish about “unlawful act” ?
The unlawful act cannot be an omission *
What test is used for “dangerous” ?
The criminal offence must be one that a sober reasonable man would regard as being dangerous and carries some risk of harm occurring
How is causation applied in unlawful act manslaughter ?
Same as normal, with a novus actus intervenes able to break the chain, thus proving D is not liable.
What was established in both Rv Cato and Rv Kennedy ?
In the dealing of illegal drugs, if the victim him/herself administers the drug - causing death the D is not responsible, however if D administers the drug - they are liable.
What is the mens rea for unlawful act manslaughter ?
Simply the mens rea for the unlawful act - no intention is required for the killing itself.
