Involuntary Manslaughter

Question 1

What are the 2 types of involuntarily manslaughter

Answer 1

Unlawful act manslaughter
Gross negligence manslaughter

Question 2

How is unlawful act manslaughter definined

Answer 2

Liability is built up from the lesser crime, for example, if the D intended to commit an armed robbery and killed someone while carrying out the offence

Question 3

To prove unlawful act manslaughter what is needed to be proven

Answer 3

1. A positive act
2. An unlawful act
3. Unlawful act should be dangerous
4. The positive act can be done with the necessary mens rea
5. Chain of causation be intact and death ensue

Question 4

1. A positive act UAM

Answer 4

Unlike murder the act cannot be an omission

Question 5

2. unlawful act
   UAM

Answer 5

The unlawful act must be a crime and not a civil wrong
R v Ball
DPP v Newbury
R v lamb

Question 6

3. Dangerous act (objective test)
   UAM

Answer 6

The reasonable person must recognise that the act of the D would cause the other person ‘some harm’
R v Church
R v JM and SM

Question 7

What if it is an act against property?
UAM

Answer 7

Can be against property so long as church rule of reasonable sober person applies
R v Goodfellow

Question 8

What if fear and apprehension UAM

Answer 8

Fear and apprehension will not be enough
R v Dawson

Question 9

4. The positive act be done with necessary mens rea

Answer 9

Must be shown there is the necessary MR
DPP v Newbury

Question 11

5. Causing the death of the victim UAM

Answer 11

But be the factual causation, legal causation, more than minimal, can be broken by intervening act
R v cato
R v Kennedy
Kimsey

Question 12

What is gross negligence manslaughter

Answer 12

Breach of a duty of care leading to the death
Adomako
R v Broughton

Question 13

Elements needed for GNM

Answer 13

1. Duty of care
2. Breach of duty of care
3. At the time of breach there was a serious and obvious risk of death
4. It was reasonably foreseeable at the time of breach that it gave rise to serious and obvious risk of death
5. The breach caused death (factual and legal)
6. Ds actions so grossly negligent that they could be classed as a crime

Question 14

1. Duty of care GNM

Answer 14

The duty of care should be obvious
Singh
R v Wacker
R v Stone & Dobinson

Question 15

2. Breach of duty GNM

Answer 15

Fails to meet applicable standard of care
Blythe v Birmingham
Bolam v Friern
Wacker

Question 16

3. Serious and obvious risk of death GNM

Answer 16

More than a minimal or remote

Question 17

4. It was reasonably foreseeable at the time of the breach of the duty that the breach gave rise to a serious and obvious risk of death GNM

Answer 17

Look at if obvious at the time of breach

Question 18

5. Causing the death GNM

Answer 18

Factual and legal
R v Wacker

Question 19

6. Breach must be gross GNM

Answer 19

For jury to decide and an objective test as to what is considered to be gross
R v Misra & Srivastava