Involuntary Manslaughter

Question 1

What is the structure for answering a gross negligence manslaughter question?

Answer 1

Intro: Test given in Adomako, restated in broughton
There must be a duty of care
Breach of duty
Causation
Grossly negligent
Risk of death
Conclude

Question 2

List what comes under the duty of care element for gross negligence? Include casss

Answer 2

Duty is owed to anyone closely or directly affected by acts/ omissions
New novel cases (Caparo v Dickman)
Pre existing duties (Robinson)

Question 3

What comes under the breach of duty in gross negligence manslaughter? Include cases

Answer 3

Reasonable man test- judged against standard of a reasonable man
Court considers what D was expected and if they failed/did to poor standard
R v sinh/ Wacker

Question 4

What comes under grossly negligent in gross negligence manslaughter?

Answer 4

Adomako confirms grossly negligent meaning - D’s act/ omission is something so bad/serious that it amounts to a criminal offence

Question 5

Which cases come under causation? For gross negligence manslaughter

Answer 5

R v White, R v pagett, R v Cheshire, R v Blaue

Question 6

Which case establishes the meaning of clear and obvious risk of death in gross negligence manslaughter?

Answer 6

R v rose

Question 7

What is the structure for answering an unlawful act manslaughter question ?

Answer 7

There must be an unlawful act
Unlawful act must be dangerous
Causing death
MR of unlawful act
Conclude

Question 8

What comes under “there must be an unlawful acf” in unlawful act manslaughter ? Including cases

Answer 8

Positive act not omission (Lowe)
Must be a crime (lamb)
Any crime (larkin)
Including property (goodfellow)
Need not be aimed at V (Mitchell)

Question 9

What comes under “unlawful act must be dangerous” in unlawful act manslaughter ? Include cases

Answer 9

Dangerousness= objective test, reasonable and sober man regards as dangerous and carries risk of some harm occurring
This is established in R v church
D does not need to realise risk of hard or specific type of harm (Newbury and jones)

Question 10

Which cases come under causation for unlawful act manslaughter ?

Answer 10

R v white, R v pagett, R v Cato, R v Kennedy

Question 11

What comes under MR of the unlawful act in unlawful act manslaughter ? Include case

Answer 11

D must have the mens rea for the unlawful act, D need not know the act is unlawful or dangerous (Newbury and jones)
D does not require any additional mens rea for the death