involuntary manslaughter Flashcards

1
Q

what does involuntary manslaughter include

A

It includes a variety of homicides that are in themselves unlawful(at common law) but committed without the mens rea for murder

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2
Q

what are the elements of invol Manslaughter

A

an unlawful act
intentionally performed
in circumstances rendering it dangerous
causing death

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3
Q

where are the elements defined

A

This is defined by lord hope in A-G’s reference~No 3 of 1994 til 1998 AC 830

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4
Q

the unlawful act can be what

A

be any criminal offence that involved an act(must be positive) but an omission will not do

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5
Q

facts of R v Lowe 1973

A

the appellant’s child died from neglect. The trial judge directed the jury that if they found guilty of the offence of neglect they also must find him guilty for manslaughter on the grounds that neglect was an unlawful act.the jury convicted him of manslaughter and neglect.

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6
Q

held for R v Lowe 1973

A

appeal was allowed. For constructive manslaughter there must be an unlawful ‘act’

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7
Q

the unlawful act needs to be what

A

need not be directed at the victim

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8
Q

case link to act need not be direct

A

r v mitchell

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9
Q

what happen in the case R v Mitchell

A

where he pushed into a queue and an old man told him there is a queue going back and then D pushed the old man then the old man fell on an old lady who then fell and broke her leg and then died.

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10
Q

what case established the test for dangerousness

A

r v Church 1967

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11
Q

what happen in R v Church 1967

A

someone mocked the appellant’s ability to satisfy her sexually and slapped his face.then the fight developed into where the appellant knocked her unconscious.he tried to wake up and then believed she had died and threw her body into a river but medical evidence reveals the cause of death was her drowning so therefor had been alive when throw into the river.

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12
Q

held for R v Church 1967

A

the trial judge made several errors in his direction to the jury, in the event they convicted him of manslaughter rather than murder.the appellant appealed on the grounds of misdirection.they were convicted of manslaughter instead murder

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13
Q

what is the objective test

A

ordinary reasonable person would see a risk of some harm.

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14
Q

what is in order for a unlawful act to be dangerous

A

courts have held that D doesn’t have to be prove to have foreseen any harm , as long as the reasonable man would have foreseen some harm

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15
Q

need not be the accused of what

A

who necessarily foresaw the harm, but any ‘sober and reasonable’ person

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16
Q

the risk may be only what

A

‘some harm’, not necessarily serious harm

17
Q

what happen in DPP v newbury & Jones 1976

A

2 teenage boys pushed a piece of paving stone from a bridge onto a railway line where there was an approaching train.the stone smashed through the window of the train which is criminal damage, killing a guard.

18
Q

what was commit in DPP v Newbury & jones(1976)

A

Committed criminal damage does not normally result in the harm to a person so the question was whether or not the D’s had to foresee harm from this act.

19
Q

held for DPP v Newbury & jones(1976)

A

HOL held that there was no requirement for D to foresee “some harm”, in this case D doesn’t have to foresee that the unlawful act may cause death or injury.

20
Q

what is the meaning of harm

A

the harm intended must be actual physical harm.
it not enough to frighten someone

21
Q

case link to meaning of harm

A

Dawson 1985

22
Q

what happen in dawson 1985

A

the CA also had to decide if the reasonable man would have seen the risk of some physical harm from their unlawful act to the victim.

23
Q

what did CA decide

A

decided the reasonable has the same knowledge of the D’s and as the D’s hee did not know about the heart condition neither would the reasonable man

24
Q

what is intentional performed

A

The accused state of mind is relevant only to establish.
-the act was committed intentionally(not involuntary)
-and that it was an unlawful act

25
Q

what is the mens rea pf intentional performed

A

-the mens rea of the ‘base crime(the unlawful act)’ is sufficient.

26
Q

what is causing death

A

-the normal rules of caution apply
-D must be the factual case of death
-the thin skull rule

27
Q

link to caution of death

A

In corion-auguiste(2004)

28
Q

facts of In corion-auguiste(2004)

A

D threw an ‘air bomb’ firework in a crowded enclose bus station. In the general panic, passengers rushed for the exits and the elderly lady was knocked over. She struck her head and died later in hospital.

29
Q

held for In corion-auguiste(2004)

A

The D was convicted of unlawful act manslaughter. His act was the direct and substantial cause of the victim’s death.- the unlawful and dangerous act need not be the sole cause of death, so long as it was not trivial.