Involuntary Manslaughter Flashcards
How many types of involuntary manslaughter are there and what are they
Two, unlawful act and gross negligence
What are the elements of unlawful act manslaughter
D has committed an unlawful act
Which is OBJECTIVELY DANGEROUS (so really s47 and up)
Act must cause death
D had required MR for unlawful act
What can an unlawful act be for UAM
Needs to be a criminal offence not a tort Franklin 1883
Lamb 1967- needs to a positive act not omission
What is a dangerous act defined as in UAM
Church 1965 all sober and reasonable people would inevitably recognise must subject the other person to at least the risk of some harm
Larkin 1943; need for an unlawful act AND some harm
What does UAM say about someone harm’
Enough that a sober reasonable person would see the harm Jm and SM 2012
Can UAM be aimed at propert
Yes if risk of harm Goodfellow 1986
What does risk of harm refer to UAM
Physical harm, fear not enough unless shock triggered Dawson 1985 but Waston 1989 of sober person would have been aware of Vs condition and risk of harm ie frail then liable
Acts that aren’t usually dangerous can sometimes fit dangerous definition depending on circumstances Bristow Dunn delay 2013
What does UAM say about causing the death
No novus actus interveniens ie handing someone a needle they inject themselves and die breaks chain Kennedy 2007
MR needed for unlawful act not UAM Newbury and Jones 1976
What is GNM
Duty of care breached so bad someone dies
What does Adomako 1994 tell us about GNM
That the elements of this offence are Existence of a dOC by D to V act or omission breached duty Creates seriious and obvious risk of death Created death Amounts as a whole to GN
How do you work out DOC for GNM
Adomako 1994, use Caparo 1990 test
What does GNM say about creating a SoA
Ok for GNM IF: D contributed by supply or Relationship P C or D and V engaged in joint enterprise or D voluntarily took DOC Jury decides facts but judge decides duty or not
What does breach of duty causing death mean in GNM
Adomako 1994 is a factual matter for jury to decide but whether D negligently did or failed to do something led to death?
What does GN mean in GNM
Bateman 1924: negligence went beyond a mere matter of compensation and showed such disregard for life and safety of others
Jury needs to consider seriousness of breach of duty in all circumstances, obvious risk of death judged objectively Adomako
Of D supply’s drug to V and DOC owed can there potentially be GNM
Yes Dias 2002
