Involuntary Manslaughter Flashcards
Definition of offence
An unlawful killing where D does not have the intention to kill/cause GBH
What sentence does involuntary manslaughter carry
Discretionary life sentence
What are the 3 ways of committing involuntary manslaughter
- unlawful act
- gross negligence
- subjective recklessness (not on course)
What is another name for unlawful act man slaughter
Constructive manslaughter
What are the elements of unlawful act manslaughter according to
LAMB
what are the elements of unlawful act manslaughter according to lamb
- d must do an unlawful act
- the unlawful act was dangerous
- the unlawful act caused vs death
- d had the required mens tea for the unlawful act
What must the unlawful act be under lamb
A crime
Principle in lamb
- CA quashed conviction for unlawful act manslaughter because d had not done an unlawful act
- pointing gun was not an assault as v didn’t apprehend immediate and unlawful force
Which case states that an omission is insufficient for unlawful act manslaughter
Lowe
Lowe
- CA quashed conviction manslaughter
- finding of wilful neglect involved a failure to act and this could not create liability for unlawful act manslaughter
Which case states that Ds unlawful act need not be aimed at v or even a person, it could be aimed at property
Goodfellow
Goodfellow
- CA upheld conviction
- did unlawful act can he aimed at property
What objective text is used to decide whether the unlawful act is dangerous
Church- it was held that a reasonable man must foresee a risk of some harm to another person resulting from the unlawful act
Does it matter if d did not realise there was any risk of harm to another person
No
When will the unlawful act be dangerous (frailty) and case
Where a reasonable man would be aware of vs frailty and the risk of physical harm by shock to him, then the unlawful act will he dangerous
WATSON
Watson
- CA quashed convictions for unlawful act manslaughter
- problems with causation
- unlawful act of burglary because dangerous as soon as vs frail condition would have been apparent to reasonable man
What must the unlawful act he in relation to vs death
Must be a cause in fact and law of Vs death
When can d not be liable for unlawful act manslaughter
If there’s an intervening act which breaks the chain of causation
When can d be convicted of unlawful act manslaughter in relation to drug offences and case
Where d injected v with the drug and v dies
D more than a minimal cause of death: CATO
Where can d not he convicted of unlawful act manslaughter and case
Where d prepared injection and handed syringe to V, who then injected himself
D had not caused death
Chain of causation between ds supply and vs death broken by vs voluntary act of objecting himself: Kennedy
What must finally be proved for unlawful act manslaughter
That d had the men’s tea for the unlawful act
What is it not necessary for d to realise (men’s tea UDAM)
For d to realise that the act is unlawful/dangerous
DPP V NEWBURY
DPP V NEWBURY
- HL upheld convictions for unlawful act manslaughter
- not necessary for ds to have foreseen any harm to another person from their act
- all that was needed was MR for unlawful act
How is gross negligence manslaughter different from UDAM I
In that d must owe v a duty of care and then breach that duty in a very negligent way, causing vs fest
How can GNM be committed
By act/omission which doesn’t have to be unlawful
What is the leading case on GNM
ADOMAKO
what are the elements of gross negligence manslaughter according to adomako
- d must owe duty of care
- d, by act or omission, breached duty of care
- ds negligence must have caused vs death
- serious and obvious risk of death in circumstances
- ds negligence gross
Who is a duty of care owes to
Persons who are closely and directly affected by ds conduct that d ought to have them in contemplation when d acted/knitted to act: DONOGHUE AND STEVENSON
What did ADOMAKO hold
Duty of care owed by doctor towards patient
What did Andrews v DPP decide a duty of care was owed to
Motorist owe duty of care to other road users and pedestrians
Principle in wacker
D knew safety of immigrants depended on his actions in relation to the vent
Clearly assumed a duty of care
Irrelevant that vs were parties to an illegal act and that no duty of care was owed in civil law
Principle in Evans
D2 owed duty of care because she had contributed towards the creation of a state of affairs which she knew or ought reasonably to have known was life threatening
Where will d have breached the duty of care
Where d fails to reach the standard of care expected of the reasonable person in the same circumstances: adomako
What is expected where d holds themselves out as possessing a certain skill
A higher standard of care than that of the average person
When will ds negligence not be a cause in fact and law of vs death (cannot be liable for GNM)
If there is an intervening act which breaks the chain of causation
When will there be a serious and obvious risk of death and case
The circumstances must be such that a reasonable person would have foreseen a serious and obvious risk of death MISRA
When will ds negligence be gross
If ds conduct was so bad in all the circumstances as to amount to a criminal act/omission ADOMAKO
Jury must decide
