Involuntary Manslaughter* Flashcards
What is Gross Negligence Manslaughter?
A criminal offence that has built upon civil negligence.
What case established the elements to prove Gross Negligence Manslaughter?
R v Broughton
What is the first element required to prove Gross Negligence Manslaughter?
D. owes V. a duty of care.
What is the second element required to prove Gross Negligence Manslaughter?
D. must breach this duty.
What is the third element required to prove Gross Negligence Manslaughter?
There must be a serious + obvious risk of death.
What is the fourth element in Gross Negligence Manslaughter?
The risk of death must be reasonably forseeable
What is the fifth element in Gross Negligence Manslaughter?
D.’s breach must cause V.’s death
What is the final (sixth) element of GNM
Breach must be grossly negligent
What must be proved for Gross Negligence Manslaughter?
All elements must be proved.
What case established the concept of Duty Of Care in negligence?
Robinson. - if a similar case owed a duty in the past, it is likely this one does too.
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?
Criminal duties.
If you do:
-use criminal duty AND Robinson
Otherwise:
-just use Robinson
What is a type of duty recognized in Gross Negligence Manslaughter related to contracts?
Contractual duty.
Which case involved a contractual duty where a gate was left open?
R v Pitwood.
What type of duty arises from close relations?
Relationship duty.
Which case involved child neglect establishing a duty of care?
R v Gibbons & Proctor.
Which case involved taking care of a sister in establishing a duty of care?
What type of duty is this?
R v Stone & Dobinson.
Assumed responsibility
What is the duty of care in R v Dytham related to?
What type of Duty is this
Not helping a man in danger.
Public position
What case involved a duty related to a cigarette? What type of duty is this
R v Miller.
Creating a dangerous situation
What are the 5 types of duties?
CRAPS
Contractual
Relationship
Assumed responsibility
Public position
Situation (dangerous)
What defines breach of duty according to Blyth v Birmingham Waterworks?
Doing something the reasonable person would not do
This case establishes the standard for determining breach of duty in negligence claims.
How does the profession of a person affect the standard of care in breach of duty cases?
Profession increases standard
In Bolam, it was determined that professionals are held to a higher standard of care.
In Mullin v. Richards, how does age affect the standard of care?
Age lowers standard
This case illustrates that a child’s conduct is judged against that of a reasonable child of the same age.
What is the significance of the case Nettleship v. Weston?
Trainee does not affect standard
This case established that a trainee is held to the same standard of care as a qualified person.
List the risk factors that influence the standard of care.
- Size
- Seriousness
- Practicability
- Benefits
These factors help determine whether the defendant acted as a reasonable person would in the given circumstances.
What does the case Bolton v. Stone / Miller v Jackson illustrate regarding risk?
Size of Risk
What does the case Paris v. Stepney Borough Council emphasize?
Seriousness of harm
What case highlights practicability of precautions as a risk factor?
Latimer v AEC
In the context of breach of duty, what does the case Watt v. HCC highlight?
Benefit to society
This case emphasizes that the benefits of an action must be weighed against the risks involved.
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
This definition is crucial in establishing whether a duty of care has been breached.
What was the outcome in R v. Rose regarding the risk level?
At time of breach, it was a slight risk
The case involved an optometrist who ignored a build-up of fluid, leading to a death.
Fill in the blank: An obvious risk is a _______.
present risk which is clear and unambiguous.
What is the 4th element to prove GNM?
Risk of death = reasonably forseeable.
D. doesn’t need to forsee risk, only reasonable person (jury)
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)
What is the 5th element in proving GNM?
Breach must cause death
Factual legal causation, NIA
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)
What is the 6th element in proving GNM?
Breach must be grossly negligent
R v Broughton
Jury asked do actions require criminal sanction?
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”
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
What are the four elements to proving UAM?
AR - unlawful act, causation, dangerous act
MR - MR for unlawful act
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
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
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
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)
