Involuntary manslaughter Flashcards
What are the two types of involuntary manslaughter?
Unlawful Act Manslaughter and Gross Negligence Manslaughter.
Why is there no question of murder in involuntary manslaughter cases?
Because the defendant does not have the mens rea (MR) required for murder.
What is another name for unlawful act manslaughter?
Constructive Manslaughter.
What is a tort?
A civil wrong that causes harm or loss, not sufficient for unlawful act manslaughter.
What is an omission in legal terms?
A failure to act, which cannot create liability for unlawful act manslaughter.
Can an omission create liability for unlawful act manslaughter?
No, as established in the case R v Lowe (1973).
What constitutes a dangerous act in unlawful act manslaughter?
An act that a reasonable person would recognize poses a risk of some harm.
Which case provides the test for determining a dangerous act?
R v Church (1966).
What does ‘transferred malice’ mean?
When intent to harm one individual transfers to another victim.
Which case shows that an unlawful act can be aimed at property, not just a person?
R v Goodfellow (1986).
What is required to prove causation in involuntary manslaughter?
The act must be the direct cause of the death without an intervening act that breaks the chain.
What happens if there is an intervening act that breaks the chain of causation?
The defendant cannot be held liable for manslaughter.
What is the significance of R v Dalby (1982) in causation?
It established that self-injection by the victim breaks the chain of causation.
In which case did the court consider joint involvement in administering a drug?
R v Rogers (2003).
What must the prosecution prove for the mens rea in unlawful act manslaughter?
The defendant must have the mens rea for the unlawful act.
Does a defendant need to realize their act is unlawful or dangerous in unlawful act manslaughter?
No, as shown in R v Newbury and Jones (1976).
What is a significant limitation in the interpretation of what constitutes an act?
Some cases, like Cato, have caused difficulty in determining this.
What is the relationship between unlawful act manslaughter and gross negligence manslaughter?
In some situations, a defendant may be liable for gross negligence if they owed a duty of care.
What accused behavior can be seen in the case of R v Dias (2002)?
Not guilty of unlawful act manslaughter, but potentially guilty of gross negligence manslaughter.
What is a key criticism of the mens rea standard in constructive manslaughter?
The threshold is considered too low and broad.
