Involuntary Manslaughter Flashcards
What is involuntary manslaughter
Involuntary manslaughter is the unlawful killing where the defendant does not have the mens rea for murder
What are the two types of involuntary manslaughter
- Unlawful Act Manslaughter.
- Gross Negligence Manslaughter
What is unlawful act manslaughter
When a defendant causes a death through an unlawful act that is objectively dangerous, with the necessary mens rea for the unlawful act
What is gross negligence manslaughter
When a defendant is grossly negligent in breaching a duty of care toward the victim, which results in death
Give an example of unlawful act manslaughter
V is punched in a fight, falls, hits their head, and dies
Give an example of gross negligence manslaughter
V dies as a result of a medical error
What is another name for unlawful act manslaughter
: Constructive manslaughter
What are the key requirements for unlawful act manslaughter
- The defendant must commit an unlawful act (a crime).
- The act must be objectively dangerous.
- The act must cause death.
- The defendant must have the mens rea for the unlawful act
What is the range of sentences for unlawful act manslaughter
- Most serious: Life imprisonment.
- Least serious: Non-custodial sentence.
Judge decides based on blameworthiness
What type of act must cause death in unlawful act manslaughter
A criminal offence; it cannot be a civil wrong
Which case shows that an unlawful act must be a criminal offence
R v Lamb.
Must the act in unlawful act manslaughter be a positive act
Yes, it cannot be an omission.
Which case established the objective test for unlawful act manslaughter
R v Church
Can unlawful act manslaughter involve acts against property
Yes, the act does not need to be directed against a person
What case illustrates intervening acts in unlawful act manslaughter
R v Kennedy
What mens rea is required for unlawful act manslaughter
The defendant must have the mens rea for the unlawful act but does not need to realize it was unlawful or dangerous (DPP v Newbury and Jones)
What are the key requirements for gross negligence manslaughter
- The defendant must owe a duty of care to the victim.
- The defendant must breach that duty in a grossly negligent way.
- The breach must result in death
Can gross negligence manslaughter involve omissions
Yes, it can involve a positive act or an omission
Which case established the duty of care in gross negligence manslaughter
R v Adomako
What principles are applied to determine the duty of care in gross negligence manslaughter
The ordinary principles of negligence in civil law (Caparo v Dickman)
What must be proven in gross negligence manslaughter regarding the breach of duty
It must be proven that the breach of duty caused the death
What determines whether negligence is gross
It is an evidential test for the jury to decide
What is the debate in gross negligence manslaughter regarding risk
Whether it involves:
• A risk of death (R v Adomako).
• A risk to health and welfare (R v Stone and Dobinson)
