Involuntary manslaughter Flashcards
What is unlawful act manslaughter also known as?
Constructive manslaughter.
Is the defendant liable even if they did not realise that death or injury might occur?
Yes.
Is a civil wrong enough?
No, it must be a criminal act.
Give the facts of Franklin (1883)?
The defendant threw a large box into the sea which hit and killed a swimmer.
Is an omission sufficient for unlawful act manslaughter?
No, there must be an act.
Which case was it decided in that there must be an act?
Lowe (1973).
On which test must the unlawful act be dangerous on?
An objective test.
What was stated in the case of Church (1966)?
There only needs to be a risk of some harm.
A risk of what type of harm is sufficient?
Physical.
If a reasonable person would be aware of the victim’s frailty, will the defendant be liable?
Yes.
Give the facts of Watson (1989).
The defendants threw a brick through a window of a house and entered, they beat up the 87-year-old occupier and left him. The man died of a heart attack 90 minutes later.
Does the dangerous or unlawful act need to be aimed at the victim?
No.
Give the facts of Larkin (1943).
D threatened another man with a cut-throat razor, a woman tried to intervene but because she was drunk she fell onto the open blade which killed her.
Can the unlawful act be aimed at property?
Yes.
Give the facts of Goodfellow (1986).
The defendant set fire to his council house so the authorities would move him to a bigger house. His wife, son and another woman died in the fire.
Which area has the concept of intervening acts and causation caused problems in?
Where the defendant supplies the victim with drugs.
In Cato (1976), the defendant injected the drugs, was the chain of causation broken?
No.