Involuntary Manslaughter Flashcards
Explain how the actus reus of involuntary manslaughter is different from that of murder
Murder requires an intention to kill or to cause grievous bodily harm, whereas involuntary manslaughter does not state what the required mens rea is
What are the two types of involuntary manslaughter?
Unlawful and dangerous act manslaughter and gross negligence manslaughter
How can the law seem to favour the defendant?
It has to be an act, not an omission ( R v Lowe )
The act has to be criminal not civil (R v Franklin)
R v Lowe
D’s child died from neglect - his appeal was allowed as they had only been an omission.
R v Franklin
D threw a box into the sea from Brighton pier- it was a civil act rather than criminal
How does it appear to favour defendants? Refer to the ‘unlawful criminal act in R v D?
A woman who committed suicide after years of domestic abuse - the husband was arrested for an ‘unlawful criminal act’
What is the test used to identify an ‘unlawful and dangerous act’?
Reasonable person test
How is this seen in R v Church?
V mocked and slapped D which lead to a fight breaking out, D believed he had killed her and disposed of her body, which actually killed her
To be convicted who must the defendant have the same knowledge as?
‘a sober and reasonable person’
Why were the convictions quashed in R v Dawson?
The defendants were not aware of the petrol station clerk’s heart condition and they wouldn’t have known
Why was the conviction upheld in R v Watson
The defendant would have understood the age and frail condition of the victim
Why is establishing causation important? Refer to R v Johnstone in your answer.
The unlawful or dangerous act was the cause of death. In R v Johnstone, it couldn’t be decided what had caused the death of the victim
How can the victim break the chain of causation?
Intervening himself into the chain of causation with a voluntary act
If the offence is ABH, what are the two options for mens rea?
Reckless or Intention
What is the definition of gross negligence manslaughter?
it requires
- a duty of care
- a gross negligence breach of duty
- a risk of death
Why was the defendant in this case convicted of gross negligence manslaughter?
The defendant failed to notice or respond to obvious signs of disconnection
What is the subjective test favoured by the Court of Appeal regarding risk of death?
The defendant must have recognised and appreciated the risk they were taking
Explain ‘Harper’s Law’, contained in the PCSC Act
There are now mandatory life sentences for those who unlawfully kill an emergency worker in the course of duty
