Involuntary Manslaughter

Question 1

(GNM)

What is the precedent from DONOGHUE v STEVENSON?

Answer 1

A duty of care is owed to persons so closely connected to D that he ought reasonably to have them in mind.

Question 2

(GNM)

Precedent from 2nd part of GNM?

Answer 2

D’s conduct must fall below the standard expected of a reasonable person in the same circumstances: ADOMAKO.

Question 3

(GNM)

Precedent from 3rd part of GNM?

Answer 3

A reasonable person must have foreseen a serious risk of death: MISRA.

Question 4

(GNM)

Precedent from 5th part of GNM?

Answer 4

D’s conduct must be so bad in all circumstances as to amount to a criminal act or omission: ADOMAKO.

Question 5

Constructive Manslaughter

Answer 5

Under common law D will be guilty of constructive manslaughter if:

1. D has done an unlawful act; and
2. The unlawful act was dangerous under a subjective test; and
3. D caused V’s death; and
4. D has the required men’s rea for the unlawful act.

Question 6

(CM) 1st part

Precedent from LAMB?

Answer 6

The unlawful act must be a criminal offence: LAMB.

Question 7

(CM) 1st part

Precedent from GOOFELLOW?

Answer 7

The unlawful act need not be aimed at a person; it could be aimed at property: GOODFELLOW.

Question 8

(CM) 1st part

Precedent from LOWE?

Answer 8

An omission will not suffice: LOWE.

Question 9

(CM) 2nd part

Precedent from CHURCH?

Answer 9

An act will be considered dangerous if a sober and reasonable person would foresee the risk of some physical harm to another person resulting from it: CHURCH.

Question 10

(CM) 2nd part

Precedent from DAWSON AND OTHERS?

Answer 10

The reasonable person will only have the knowledge of an observer. Any peculiarity of V which would not apparent to an observer will be ignored: DAWSON AND OTHERS.

Question 11

(CM) 2nd part

Precedent from WATSON?

Answer 11

However where a reasonable persons would be aware of V’s frailty and the risk of physical harm, then D will be liable: WATSON.

Question 12

(CM) 2nd part

What is the precedent from BALL?

Answer 12

The reasonable person does not share any mistaken belief by D: BALL.

Question 13

(CM) 3rd part

Answer 13

D must be a factual cause and a legal cause of the death of another human being under the Queen’s peace.
D must be a factual cause of death: WHITE. And a legal cause of death: CATO. There must be no intervening act or event to break the chain of causation from D’s act to V’s death.

Question 14

(CM) 4th part

Precedent from NEWBURY AND JONES?

Answer 14

It is not necessary for D to realise that the act is unlawful or dangerous: NEWBURY AND JONES.

Question 15

Reckless Manslaughter

Answer 15

According to LIDAR, D will be guilty of reckless manslaughter if:

1. D caused V’s death; and
2. D foresaw as highly probable a risk of serious injury or death occurring and then decided to take this unjustifiable risk.

Question 16

Gross Negligence Manslaughter

Answer 16

According to ADOMAKO, D will be guilty of gross negligence manslaughter if:

1. D owes a duty of care to V; and
2. D, by his act or omission, breached their duty of care; and
3. There was a serious risk of death; and
4. D caused v’s death; and
5. D’s negligence was gross.