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Involuntary Manslaughter Flashcards

1
Q

What is Gross Negligence Manslaughter?

A

A criminal offence that has built upon civil negligence.

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2
Q

What case established the elements to prove Gross Negligence Manslaughter?

A

R v Broughton

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3
Q

What is the first element required to prove Gross Negligence Manslaughter?

A

D. owes V. a duty of care.

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4
Q

What is the second element required to prove Gross Negligence Manslaughter?

A

D. must breach this duty.

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5
Q

What is the third element required to prove Gross Negligence Manslaughter?

A

There must be a serious + obvious risk of death.

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6
Q

What is the fourth element in Gross Negligence Manslaughter?

A

The risk of death must be reasonably forseeable

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7
Q

What is the fifth element in Gross Negligence Manslaughter?

A

D.’s breach must cause V.’s death

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8
Q

What is the final (sixth) element of GNM

A

Breach must be grossly negligent

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9
Q

What must be proved for Gross Negligence Manslaughter?

A

All elements must be proved.

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10
Q

What case established the concept of Duty Of Care in negligence?

A

Robinson. - if a similar case owed a duty in the past, it is likely this one does too.

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11
Q

What type of duty can also establish duty in Gross Negligence Manslaughter?
What should you do if you have this type vs if you don’t?

A

Criminal duties.
If you do:
-use criminal duty AND Robinson
Otherwise:
-just use Robinson

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12
Q

What is a type of duty recognized in Gross Negligence Manslaughter related to contracts?

A

Contractual duty.

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13
Q

Which case involved a contractual duty where a gate was left open?

A

R v Pitwood.

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14
Q

What type of duty arises from close relations?

A

Relationship duty.

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15
Q

Which case involved child neglect establishing a duty of care?

A

R v Gibbons & Proctor.

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16
Q

Which case involved taking care of a sister in establishing a duty of care?
What type of duty is this?

A

R v Stone & Dobinson.
Assumed responsibility

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17
Q

What is the duty of care in R v Dytham related to?
What type of Duty is this

A

Not helping a man in danger.
Public position

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18
Q

What case involved a duty related to a cigarette? What type of duty is this

A

R v Miller.
Creating a dangerous situation

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19
Q

What are the 5 types of duties?

A

CRAPS
Contractual
Relationship
Assumed responsibility
Public position
Situation (dangerous)

20
Q

What defines breach of duty according to Blyth v Birmingham Waterworks?

A

Doing something the reasonable person would not do

This case establishes the standard for determining breach of duty in negligence claims.

21
Q

How does the profession of a person affect the standard of care in breach of duty cases?

A

Profession increases standard

In Bolam, it was determined that professionals are held to a higher standard of care.

22
Q

In Mullin v. Richards, how does age affect the standard of care?

A

Age lowers standard

This case illustrates that a child’s conduct is judged against that of a reasonable child of the same age.

23
Q

What is the significance of the case Nettleship v. Weston?

A

Trainee does not affect standard

This case established that a trainee is held to the same standard of care as a qualified person.

24
Q

List the risk factors that influence the standard of care.

A
  • Size
  • Seriousness
  • Practicability
  • Benefits

These factors help determine whether the defendant acted as a reasonable person would in the given circumstances.

25
What does the case Bolton v. Stone / Miller v Jackson illustrate regarding risk?
Size of Risk
26
What does the case Paris v. Stepney Borough Council emphasize?
Seriousness of harm
27
What case highlights practicability of precautions as a risk factor?
Latimer v AEC
28
In the context of breach of duty, what does the case Watt v. HCC highlight?
Benefit to society ## Footnote This case emphasizes that the benefits of an action must be weighed against the risks involved.
29
What is required for a risk of death to be considered 'obvious'?
A present risk of death which is clear and unambiguous Cannot be a mere possibility of death ## Footnote This definition is crucial in establishing whether a duty of care has been breached.
30
What was the outcome in R v. Rose regarding the risk level?
At time of breach, it was a slight risk ## Footnote The case involved an optometrist who ignored a build-up of fluid, leading to a death.
31
Fill in the blank: An obvious risk is a _______.
present risk which is clear and unambiguous.
32
What is the 4th element to prove GNM?
Risk of death = reasonably forseeable. D. doesn’t need to forsee risk, only reasonable person (jury)
33
What is special about the 4th element of proving GNM?
If the 3rd element is true, 4th will be. (If there’s a serious and obvious risk of death, death will most likely be reasonably foreseeable)
34
What is the 5th element in proving GNM?
Breach must cause death Factual legal causation, NIA
35
Recap - what is fac/leg caus. tests? - when can the chain be broken? - what are the intervening acts?
-Factual causation: but for test (Pagett) -Legal causation: operative and substantive test (Smith) -Chain can be broken if intervening acts are unforeseeable and unreasonable Acts of: -3rd party (Pagett) -victim (Roberts/Williams) -God (eg earthquake) -medical; **only breaks if palpably wrong** (Jordan)
36
What is the 6th element in proving GNM?
Breach must be grossly negligent R v Broughton Jury asked do actions require criminal sanction?
37
Court asks jury “if the ___ of the breach were ___ ___ ___ as to require criminal ___”
“if the **circumstances** of the breach were **truly exceptionally bad** as to require criminal **sanction**”
38
What is UAM?
Unlawful Act Manslaughter When D. does not intend to kill or cause GBH, but has committed an unlawful act leading to V. death
39
What are the four elements to proving UAM?
AR - unlawful act, causation, dangerous act MR - MR for unlawful act
40
Whats the first element of UAM? Cases?
Unlawful Act R v Stone & Dobinson - omission not enough R v Franklin - unlawful act must be criminal, not civil R v Lamb - D. must have AR + MR of unlawful act
41
What are the 3 types of unlawful acts + MR
Assault - INT/RECK causing V. to apprehend immediate violence Battery - INT/RECK applying unlawful force Criminal damage - INT/RECK causing criminal damage
42
Whats the second element of UAM? Cases?
MR for unlawful act -only need MR for act, not death DPP v Newbury & Jones - don’t need to prove D foresaw death, only MR for act Mitchell - malice can be transferred
43
Third element of UAM? Cases for… FAC - LEG - NIA - TSR - SELF - DRUGS -
FAC - but for (Pagett) LEG - operative substantive (Smith) NIA - acts of… God (e/quake), Victim (Pagett), 3rd party (Roberts/Williams/Jordan) TSR - (Blaue) SELF - self neglect doesn’t break chain(Dear) DRUGS - D. injects (Cato), self injection (Kennedy no.2)
44
4th element of UAM?
Unlawful act is dangerous Church - church test of dangerousness; sober/reasonable person would realise it carries a risk of some reasonable harm Dawson - the reasonable person in D. position would not have foreseen the possibility of death from shock; act is not dangerous (hidden vulnerability) Watson - the reasonable person in D. position would have realised risk of physical harm to V. (Visible vulnerability) R v JM & SM - no need for sober/reasonable person to foresee specific cause of death only that they suffer physical harm of some sort Goodfellow - sober/reasonable person must recognise a risk of some physical harm to a person R v Farnon & Ellis - D. always compared to sober / reasonable person even if they aren’t
45
S/R person would realise it carries some risk Hidden vulnerability Visible vulnerability Specific cause doesnt matter, only some harm Risk of some harm Age doesnt matter
Church Dawson Watson R v JM & SM Goodfellow R v Farnon & Ellis

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