Involuntary Manslaughter Flashcards
When will involuntary manslaughter be considered?
D has caused the death of a human being
Prosecution cannot prove MR of murder
This means voluntary manslaughter is also irrelevant, as the AR + MR must be satisfied for this to play any role
What are the elements of unlawful act manslaughter?
1) Must be an unlawful act – this means that D must have committed an offence
2) The unlawful act must also be dangerous
3) The unlawful act must have caused death
Explain the ‘unlawful act’ element of unlawful act manslaughter
Must prove the AR + MR of this offence – need the MR of the unlawful act only; cannot be an omission
The offence must be one where D can either intend or be reckless as to its commission
Usually an assault offence, but could be criminal damage
Explain the ‘dangerous’ element of unlawful act manslaughter
Objective assessment – would a reasonable person perceive there being a risk of some harm to a person?
Deemed knowledge – when the jury makes this objective assessment, they will assume the knowledge that D had or should have had at the time of the offence
- They make the judgment as to risk of harm, based on information they would have had, had they been present at the scene and watched the whole act being performed
What must be considered to establish that the unlawful act caused death?
Factual and legal causation must be addressed
Example - If D supplies V with drugs, which they freely and voluntarily inject themselves with and then die, chain of causation is broken
What are the elements of gross negligence manslaughter? Explain with details
1) It must be proven that D owed V a duty of care - could be a voluntary assumption of duty
2) It must be proven that D breached that duty, via an act or omission
- They consider if D fell below the standard of a reasonable person in that situation - Doctor held to standard of reasonably competent doctor for example
3) Breach of duty must have caused the death of V - Look at causation
4) It must be concluded by the jury that D’s conduct was grossly negligent
- Was D’s act or omission so bad as to deserve criminal punishment
- It must be shown that there was, objectively, an obvious and serious risk of death from D’s act or omission
