involuntary manslaughter Flashcards
what is involuntary manslaughter?
it is an unlawful killing where D did not have the necessary intention for murder but they may have the Men’s Rea in another way like to kill or cause serious bodily harm
what are the 3 categories of involuntary manslaughter?
- Constructive act manslaughter
- Gross negligence manslaughter
- Reckless manslaughter
explain what unlawful act manslaughter is?
constructive act manslaughter is the liability for a death is constructed from facts, there are 3 AR elements required:
- commit an unlawful act
- Cause death
- dangerous act
explain why a civil wrong is not enough?
FRANKLIN
D threw a box into the sea and hit and killed v, he said the civil wrong was not enough to prove liability.
LAMB
D had a gun, it was loaded and he accidentally shot and killed V.
LOWE
D killed V through an omission, he was not convicted because it was not an act.
GOODFELLOW
D set fire to a flat, V died and was convicted because it was a dangerous act that caused V to die.
Explain how a dangerous act is an objective test?
CHURCH
Judge said the only requirement for a reasonable person would have for seen the harm not necessary for D and risk only need to be some harm not serious harm
JM+SM
D fought with a bouncer and hit V and V died, D was convicted.
Explain what type of harm must be caused?
must be physical harm not emotional harm, if D is aware of V frailty D would be liable.
WATSON
D broke into V’s house, she shouted abuse and V died from a heart attack.
BURSTOW, DUNN AND DELAY
D burgled a shop, V was found dead and D was convicted as burglary was some harm
Explain the law on the intended victim?
Transferred malice is allowed.
LARKIN
D had a knife, he threatened V and V fell and stabbed V”, D was convicted.
MITCHELL
D challanged V, Hit V, V fell and hit V2 and V2 died and D was convicted.
describe the rules on causation in involuntary manslaughter?
Factual: PAGGET, WHITE (but for)
Legal: KIMSEY (de minimus)
Thin Skull: BLAUE
Medical negligence: SMITH, JORDAN and CHESIRE
V’s own act: DEAR, HOLLAND, MAJORAM, ROBERTS
daftness test: RAFFERTY
Natural but unpredictable: DR ADAMS
Give some extra cases for causation in involuntary manslaughter?
CATO
D had a drug and shared it with V, and they injected each other, V died and D was convicted.
DALBY
D have V drugs, V died and D was convicted.
KENNEDY
D gave V drugs, V took them and died, but D was not convicted.
DIAS
D and V share drugs, D prepared them and V took them, D was not convicted.
Describe the MR for involuntary manslaughter?
D needs MR for an unlawful act
NEWBURY AND JONES
2 boys threw a slab of a bridge and hit a train and V died, they were convicted because they saw some harm.
LE BRUN
D hit V and accidentally fractured V’s skull and V died.
What is the max sentence for Gross Negligence manslaughter?
Discretionary life sentence
Explain Omissions in relation to Gross negligence manslaughter?
Relationship: GIBBINS + PROCTOR
Contractual: ADAMAKO, PITWOOD
Joint enterprise: WACKER, WILLOUGHBY
Voluntary assumption: STONE + DOBINSON
Chain of events: WINTER, EVANS, MILLER, SANTANO BERMUNDEZ
Public Office: DYTHAM, NORTON
Statutory duty: CHILDRENS AND YOUNG PERSONS ACT
Give some extra cases for omissions in relation to gross negligence manslaughter?
LITCHFIELD
D steered a boat and crashed and killed 3 V’s
SINGH
D did not monitor carbon monoxide levels and V died
BATTEMAN
D was an actor where V died
FINLAY
V fell of mountain where D took them and V died
EDWARDS
D let V play on a track and V fell and DIed
