Involuntary manslaughter Flashcards
What is Involuntary manslaughter?
An unlawful killing without the intention to kill or cause GBH. It includes Unlawful Act Manslaughter and Gross Negligence Manslaughter
What is unlawful act manslaughter
An unlawful killing where death results from the defendant committing a dangerous criminal act.
What are the four elements of Unlawful Act Manslaughter?
- Unlawful Act
- Objectively dangerous
- Causation
- Mens Rea for the unlawful act
What must the unlawful act be in UAM?
It must be a criminal offence (not civil wrong doing or omission)
What makes an act dangerous?
It must be an act that a sober reasonable person would recognise as risking some harm
Case: R v Church - The act must be objectively dangerous.
What causation rules apply in UAM?
The criminal act must cause the death - both factual and legal causation are required
Case: R v Kennedy - self injection broke the chain of causation
What is the Mens Rea of UAM?
The defendant must have the Mens Rea for the unlawful act
DPP v Newbury and Jones - The defendant did not need to foresee harm, just intend unlawful act.
What is Gross Negligence Manslaughter?
A form of manslaughter where the defendant’s grossly negligent conduct causes death.
What is the 6 part test for GNM?
- Does the D owe the V a duty of care?
- Has the duty been breached? -
- Was there a serious and obvious risk of death?
- Was the risk of death reasonably foreseeable at the time of breach?
- The breach of duty factually and legally caused the V’s death.
- The breach of duty is so gross as to be criminal.
What is the duty of care?
When one person is responsible for keeping another safe - Parent to their child.
R v Adomako - Anaesthetist owed a duty to the patient.
How is breach of duty established in GNM?
The breach must be serious and fall below the standard of the reasonable person
What is the test for gross negligence?
Whether the negligence was so gross that it amounts to a crime.
What causation rules apply in GNM?
Both factual and legal causation must be established - the breach must fause the death
Case: R v Misra and Srivastava - the breach caused the death
What is the Mens Rea of GNM?
There is no specific mens rea; instead, it is based on the defendant’s grossly negligent conduct.
Case: R v Adomako - Established the gross neglignce test.
What is the key difference in the actus reus between UAM and GNM?
UAM: Requires a criminal act
GNM: Involves a breach of duty
What is the key difference in the mens rea between UAM and GNM?
UAM: Intention or recklessness for the unlawful act
GNM: Gross negligence without specific intent
What did R v Adomako establish?
Confirmed the elements of GNM
What did R v Church establish in relation to UAM?
The act must be “dangerous” as judged by a reasonable person
