Involuntary Manslaughter

Question 1

Requirements of UAM

Answer 1

1) D committed an unlawful act,
2) That same act was also “dangerous”, and
3) It did in fact “cause” the death of V

Question 2

UAM (1)

The Unlawful act must be a specific offence D has committed and could be convicted of

Answer 2

R v Lamb
No mens rea as no foresight of harm
R v Scarlett
No UA as was using reasonable force

Question 3

UA (1)
The mens rea for the UA must be at least intention or recklessness, strict liability summary offences should use GNM - negligence not enough

Answer 3

DPP v Andrews

Didn’t know he was driving dangerously so no mens rea for UAM

Question 4

UA (1)

UA must be an act rather than an omission

Answer 4

R v Lowe

Refused to give a child treatment. Neglect was UA. Not sufficient as was by omission

Question 5

UA (2)

Only some harm needs be foreseeable

Answer 5

R v Church

Man hits a woman

Question 6

UA (2)

Only some harm foreseeable, transferred malice applies

Answer 6

R v Mitchell

Push in a post-office queue

Question 7

UA (2)

Foreseeable harm is tested objectively

Answer 7

DPP v Newbury

Dropped a rock on top of a train

Question 8

UA (2)

Not dangerous bc very unlikely result of harm that could not be foreseen

Answer 8

R v Dawson

40 year old man dies of shock in armed robbery

Question 9

UA (2)

Same offence may seem more likely to result in harm

Answer 9

R v Watson

Old person dies of shock

Question 10

UA (2)

Chasing someone is apparently not dangerous

Answer 10

R v Carey et al

I disagree, she could have fallen over, run into traffic etc

Question 11

UA (2)

Even if the chances of death are very unlikely if some harm is foreseeable then it’s UAM

Answer 11

R v JM and SM

Bouncer dies of shock after fight, harm form the fight foreseeable even if death isn’t

Question 12

UA (2)

Substantial amount left to jury as to whether it would seem dangerous at outset for joint enterprise

Answer 12

R v Bristow

Group of criminals burgling a farm and owner gets hit by car

Question 13

UA (3)
Previous causation tests apply
If D’s act remains an operative cause then he is liable

Answer 13

R v Cheshire

Question 14

Requirements of GNM

Answer 14

1) D owed a duty of care
2) D breached that duty of care
3) D’s breach created an (objective) obvious risk of death
4) The breach caused V’s death
5) D’s negligence was so gross as to merit criminal liability

Question 15

What case established the GNM requirements

Answer 15

R v Adomako

Question 16

GNM (1)
May owe DofC bc D has a close personal relationship with V
May be friendship

Answer 16

R v Sinclair, Johnson and Smith

Said the deceased was like a brother to him

Question 17

GNM (1)
May owe DofC bc D has a close personal relationship with V
May be family

Answer 17

R v Evans

Question 18

GNM (1)

May owe DofC bc you created the danger

Answer 18

R v Evans

conflicts with R v Kennedy

Question 19

GNM (1)

May owe DofC bc have undertaken responsibility to safeguard an individual or group

Answer 19

R v Pittwood
In charge of train crossing
R v Singh
Landlord doesn’t sort out Carbon monoxide poisoning

Question 20

GNM (1)
May owe DofC bc V understands that D has undertaken responsibility for him/her
Looking after family members

Answer 20

R v Stone and Dobinson

Have very low IQs and accidentally starve elderly relative - anorexic and won’t eat and they can’t call a doctor

Question 21

GNM (1)
May owe DofC bc V understands that D has undertaken responsibility for him/her
Started trying to help

Answer 21

R v Sinclair, Johnson and Smith
Started trying to make some kind of cocktail to help
Fairly half-hearted

Question 22

GNM (1)
May owe DofC bc V understands that D has undertaken responsibility for him/her
V needs to be awake to understand thiis undertaking

Answer 22

R v Evans

DofC does not arise this way bc sister was unconscious

Question 23

GNM (1)
May owe DofC bc V understands that D has undertaken responsibility for him/her
Doesn’t matter if V takes a risk, only that D failed to fulfill duty of care

Answer 23

R v Wacker

Transporting illegal immigrants, they die in his truck

Question 24

GNM (3)

Risk of death must be obvious at time of breach, not in hindsight

Answer 24

R v Misra

Failed to treat obvious and dangerous symptoms

Question 25

GNM (4)

How is causation determined?

Answer 25

Through hindsight and under ordinary causation rules

Question 26

GNM (5)

How is whether grossness is criminal determined?

Answer 26

Left to a jury

Question 27

GNM (5)

Does this violate Art 7 in it’s uncertainty?

Answer 27

R v Misra

No bc this is a test of fact not of law

Question 28

Reckless manslaughter?

Answer 28

Probably not a thing
R v Lidar court said Reckless manslaughter not a thing but didn’t quash conviction as would have been guilty under GNM anyway
Has not been recognised by CPS as a separate category since then

Question 29

If UAM and GNM both available, what to choose?

Answer 29

R (on the application of Cash) v Her Majesty’s Coroner for the County of Northamptonshire
Usually go UAM, the foreseeable risk test is easier

Question 30

What if it’s a sequence of events that leads to death?

Answer 30

Could any of the single acts be manslaughter? Could it be an act followed by an omission?
R v D
Should have gone for GNM, DofC to take her to psych/prevent her suicide

Question 31

What if only the last act causes death

Answer 31

R v church
Can combine the actus reus and mens rea as a sequence
R v Le Brun
Can combine the obviously dangerous act and the act that kills
Why not in R v Carey?