Involuntary Manslaughter Flashcards
What is involuntary manslaughter?
D commits the actus reus of murder, but does not have the required mens rea.
Types of involuntary manslaughter:
1) unlawful and dangerous act manslaughter
2) gross negligence manslaughter
3) subjective recklessness manslaughter
Unlawful act manslaughter:
Must prove:
1) D committed an unlawful act;
2) The unlawful act was dangerous; and
3) That the act caused death
- AG’s Ref 3/1994
UAMS
Finding an unlawful act:
R v Jennings: also need the mens rea and actus reus of that unlawful act.
R v Franklin: must be a crime. A tort or civil wrong will not suffice.
Andrews v DPP: The act must be criminal for some other reason that it was negligently performed
R v Dhaliwal: Bullied wife commits suicide. Husband clearly caused death but bullying isn’t an unlawful act.
UAMS
Finding an unlawful act (omissions):
R v Senior: Fails to get medical help for his child = successful
R v Lowe: Doubts whether omissions should be allowed,
AC: If omission is deliberate we should pursue either type of manslaughter
Exam Tip: If an omission, consider gross negligence manslaughter first.
UAMS
Finding a dangerous act
R v Church: Reasonable person, risk of some physical harm
R v JF & NE: objective test. unlawful act here was arson, which is objectively seen as dangerous. Could possibly extend to shock.
R v Watson: Eggshell principle only applies to 3rd step of causation, not dangerousness.
Criticism of unlawful act manslaughter:
- Too broad
- Breaches principle of fair labelling
- Gives too much weight to chance.
Possible reform of unlawful act manslaughter
Would require an awareness that the criminal act involved a serious risk of causing injury.
This narrows the scope of offences somewhat.
Would change outcome of R v JF & NE arson case
Gross Negligence Manslaughter
Form of involuntary manslaughter
No mens rea to kill or cause GBH
GNMS
Older test on gross negligence manslaughter
R v Adomako:
Need proof of
- a duty of care;
- breach of that duty;
- that the breach caused death; and
- that the breach amounted to gross negligence
‘Gross’ = fell well below the required competency
Test has been refined somewhat since developments in recent cases. REFINEMENT ONLY FOR MEDICAL CASES
GNMS
Recent test for gross negligence manslaughter (medical cases only)
Rose v R (2017):
- D owed a duty of care to V;
- D negligently breached that duty;
- It was reasonably foreseeable that breach of that duty gave rise to a serious and obvious risk of death;
- The breach of the duty caused death
- Circumstances so exceptionally bad as to justify the conclusion that it amounts to gross negligence and requires criminal liability .
GNMS
Duty of Care?
R v Adomako: Ordinary principles of law of negligence apply
Has been found in: R v Adomako: Doctor/patient R v Litchfield: Captain/crew R v Prentice: Electrician R v West London Coroner: Police officer
Don’t really need proximity. Best to find from omissions
GNMS
Breached Duty of Care
The breach can be made from a positive act or omissions
Fell below the standard expected of the reasonable person or professional (Adomako - reasonable competent doctor)
R v S: adds age and experience
- Not been approved by High Court though
GNMS
Causation
Operating and substantive cause (R v Smith)
GNMS
Reasonably foreseeable that it would give rise to a serious and obvious risk of death
Cf: UAMS where only need risk of SOME harm (R v Church)
R v Rudling (2016) Black genital boy.
- The risk of death must be obvious at the first instance without investigation.
- Rose v R says risk of death must be obvious at the moment of breach
- concerns now of defensive treatment
GNMS
What amounts to ‘gross negligence’?
R v Adomako: “conduct of D must be so bad in all the circumstances as to amount in their judgement to a criminal act or omission”
R v Bateman: higher than is required in civil/tort
R v Misra: When possible, evidence relating to D’s state of mind could be a critical factor as to whether there was gross negligence
R v Bawa-Garba: Jury will be directed that it means “truly and exceptionally bad’
