Involuntary Manslaughter

Question 1

What is involuntary manslaughter?

Answer 1

This is an unlawful killing where the defendant does not have the intention to kill or cause GBH.

Question 2

What is Unlawful Act manslaughter? (also known as dangerous act)

Answer 2

Where the defendant causes a death through doing an unlawful act that is objectively dangerous with the necessary mens rea for the unlawful act.

Question 3

Give the elements of this offence

Answer 3

• The defendant must do an unlawful act
• The act must be dangerous objectively
• The act must cause death
• The defendant must have the required mens rea for the unlawful act

Question 4

What will suffice as an unlawful act, has the D committed one?

Answer 4

An omission will not suffice, as the act must be a crime, if it is, it will be gross neg manslaughter - R v Lowe
A tort will not suffice, it must be a crime - R v Franklin
If the victim consented, then there is no unlawful act of assault in R v Lamb

Question 5

What is the definition of dangerousness?

Answer 5

Dangerousness was defined in R v Church:
‘The unlawful act must be as all sober and reasonable people would recognise, would subject the other person to some harm, albeit not serious harm’

Question 6

Does it matter if the act wasn’t aimed at the victim?

Answer 6

This doesn’t matter if the unlawful act was aimed at property but hit the victim - R v Goodfellow

Question 7

How is the ‘substantial cause of death’ element proven?

Answer 7

This is a causation element, using factual causation and the But for rule in R v White 1910 and legal causation, more than a slight or trifling link in R v Kimsey 1996.
Breaks in the chain of causation apply:
- Victims own act
- acts of a third party
- act of god

Question 8

What is the mens rea to be convicted of unlawful act manslaughter?

Answer 8

The defendant must have the necessary mens rea for the original unlawful act. This would be recklessness or intention for GBH.

Question 9

What is Gross negligence Manslaughter? (another form of involuntary manslaughter)

Answer 9

This form of manslaughter is committed when D is grossly negligent of a duty of care towards V and this results in V’s death.

Question 10

What are the elements of gross negligence manslaughter?

Answer 10

• The existence of a duty of care by the defendant to the victim
• A breach of that duty of care which causes death
• gross negligence which the jury considers to be so bad as to be criminal
• Mens rea

Question 11

How is the existence of a duty proven?

Answer 11

You don’t need to go into much detail if it is obvious a duty of care is owed.
- R v Dytham - duty through official position
- R v Adomako - Doctor patient
- R v Dobinson & stone - Relative
- R v Evans - Created a state of affairs in which a duty was owed
See omissions flash cards

Question 12

How is it proven that the duty was breached?

Answer 12

it was breached if D departs from the standards expected of him, not following procedures, acting below standard of care
R v Adomako 1995 - D’s failure to react was ‘Abysmal’

Question 13

The breach of duty must cause the death, how is this proven?

Answer 13

Causation:
Factual, R v White 1910 But for test
Legal, R v Kimsey 1996 more than a slight or trifling link

Question 14

How bad must the breach of duty causing the death be for a conviction?

Answer 14

The defendant cannot just be negligent to convict him, he must be grossly negligent. This was explained in the case of R v Bateman 1925:
‘the facts must be such that the negligence of the accused went beyond a mere matter of compensation between subjects and showed such disregard for life and safety to others as to amount to a crime.’

Question 15

What is the mens rea of gross negligence manslaughter?

Answer 15

set out in R v Misra & Sirvastava:

- could D forsee a risk of death