Involuntary manslaughter Flashcards
What are the two main ways of committing involuntary manslaughter?
1) unlawful act manslaughter-V dies as result of unlawful act.
2) Gross negligence manslaughter-V dies as result of breach of duty
What is unlawful act manslaughter?
Where D causes death through doing an unlawful act with necessary mens rea for unlawful act.
What is gross negligence manslaughter?
When D causes death through a breach of duty.
What are the 4 elements of unlawful act manslaughter?
A) Unlawful act committed
B) Objectively dangerous-act must be objectively dangerous
C) Death-the act must cause the death
D) Mens rea-D must have mens rea for the unlawful act
What is the maximum sentence for involuntary manslaughter?
Life imprisonment
What case illustrates the principle that the ‘unlawful act’ must be a criminal unlawful act?
Give brief facts.
R v Lamb (1967)
Facts: D pointed gun at V but V and D did not believe there was a genuine danger as it was a revolver. Therefore it was not considered an assault.
The case of R v Lamb (1967) supports what principle?
Give brief facts.
Principle: That the unlawful act must be a criminal unlawful act.
Facts: D pointed gun at V but V and D did not believe there was a genuine danger as it was a revolver. Therefore it was not considered an assault.
What principle does the case of R v Lowe (1973) support?
Give brief facts.
Principle: The unlawful act must be ‘positive’ (as in not an omission)
Facts: D wilfully neglected baby son.
What case supports the principle that the unlawful act must be ‘positive’ in order to secure a conviction?
Give brief facts.
R v Lowe (1973)
Facts: D wilfully neglected baby son.
What principle does the case of R v Larkin (1943) support?
Give brief facts.
Principle: an objective risk of some harm
must be present for a conviction of involuntary manslaughter.
Facts: D threatened another man with sharp razer. Woman intervened and was injured herself and died. D guilty of manslaughter.
What case supports the principle that there must be an objective risk of some harm?
Give brief facts.
R v Larkin (1943)
D threatened another man with sharp razer. Woman intervened and was injured herself and died. D guilty of unlawful act manslaughter.
What principle does the case of R v Mitchell (1983) support?
Give brief facts.
Principle: That the unlawful act doesn’t have to be aimed at the true V.
Facts: D pushed man in queue who subsequently bumped into another who fell and died.
What case supports the principle that the unlawful act doesn’t have to be aimed at the true V?
Give brief facts.
R v Mitchell (1983)
Facts: D pushed man in queue who subsequently bumped into another who fell and died.
What principle does the case of R v JM and SM (2012) support?
Give brief facts.
Principle: That even ‘some harm’ foreseen not just the actual harm that happens is sufficient.
Facts: D’s got into fight with bouncers and one bouncer died from a ruptured artery. D’s charged with unlawful act manslaughter as some harm was foreseen by the reasonable person.
The case of R v Goodfellow (1986) supports what principle?
Give brief facts.
Principle: That the unlawful act doesn’t have to be aimed at a person but also property.
Facts: D intentionally committed arson in his flat but unintentionally caused some deaths.
What case supports the principle that the unlawful act doesn’t have to be aimed at a person but can also include property?
Give brief facts.
R v Goodfellow (1986)
Facts: D intentionally committed arson in his flat but unintentionally caused some deaths.
What does the case of R v Dawson (1985) illustrate regarding the unlawful act itself?
That the unlawful act must have a risk of causing harm in itself not just a robbery.
What principle does the case of R v Birstow, Dunn and Delay (2013) support?
Give brief facts.
Principle: that if reasonable person could foresee some harm then that is sufficient for an unlawful act that would otherwise normally be harmless.
Facts: D’s robbed warehouse situated on long drive and used two vehicles-D’s ran V over. D’s charged with unlawful act manslaughter.
What case supports the principle that if some harm is reasonably foreseeable in the commissioning of any unlawful act (even ones that would otherwise be harmless) that is sufficient for a conviction of manslaughter.
Give brief facts.
R v Birstow, Dunn and Delay (2013)
Facts: D’s robbed warehouse situated on long drive and used two vehicles-D’s ran V over. D’s charged with unlawful act manslaughter.
What principle does the case of R v Williams and Davis (1992) support?
Give brief facts.
Principle: novus actus interveniens
Facts: V jumped out of D’s car at 30mph. No evidence was found that D’s were attempting to rob V. D’s not guilty of manslaughter.
What case is an example of a novus actus interveniens?
Give brief facts.
R v Williams and Davis (1992)
Facts: V jumped out of D’s car at 30mph. No evidence was found that D’s were attempting to rob V. D’s not guilty of manslaughter.
What principle does the case of R v Kennedy (2007) support?
Give brief facts.
Principle: that a V self-injecting a noxious substance supplied by D does NOT constitute an act on the part of D.
Facts: D prepared a syringe of heroine and passed to V. V self-injected and died. conviction of manslaughter quashed due to novus actus interveniens on the part of the V.
What case supports the principle that D self-injecting a noxious substance supplied by D does not constitute an act on the part of D?
Give brief facts.
R v Kennedy (2007)
Facts: D prepared a syringe of heroine and passed to V. V self-injected and died. conviction of manslaughter quashed due to novus actus interveniens on the part of the V.
What principle does the case of DPP v Newbury (1976) support?
Give brief facts.
Principle: D need only have the mens rea for the unlawful act and does not need to foresee harm.
Facts: D’s were 2 teenage boys who pushed stone onto railway track killing train driver. D’s convicted of unlawful act manslaughter.
