Involuntary manslaughter

Question 1

What are the two types of invol manslaughter

Answer 1

unlawful act and gross negligence

Question 2

What is the definition of unlawful act manslaughter

Answer 2

an unlawful killing where the defendant does not have the intention, either direct or oblique, to kill or to cause gbh

Question 3

What is the test for unlawful act

Answer 3

Defendant does an unlawful act
It must be dangerous on an objective standard
The act must cause death
D must have the mens rea for the unlawful act
Would a reasonable person have foreseen the risk

Question 4

Lamb

Answer 4

D shot a revolver not thinking it would revolve

must be an unlawful act

Question 5

Lowe

Answer 5

Neglected his son causing death

shouldve been charged with dross neg

Question 6

Larkin

Answer 6

Threatened man with a razor and a woman fell on it

Would a reasonable person see it as dangerous

Question 7

Goodfellow

Answer 7

set fire to his house unintentionally killing innocent inside
unlawful act can be done on property

Question 8

Dawson

Answer 8

D robbed a petrol station

Act must be dangerous

Question 9

Watson

Answer 9

D broke into v’s house abused v and v had a heart attack but not because of acts
Dangerous act must cause the death

Question 10

Newbury and Jones

Answer 10

D pushed paving stone on passing train killing a guard

You need the mr for the unlawful act

Question 11

Willoughby

Answer 11

V died in a fire in D’s pub

Cant be through an omission

Question 12

Franklin

Answer 12

Throws a box off a river and hits a swimmer

Cant be through a civil action

Question 13

How is D judged

Answer 13

As a sober and reasonable person

Question 14

What are the two drugs cases for unlawful act manslaughter

Answer 14

Cato and Kennedy no.2

Question 15

What does Cato and Kennedy no.2 establish

Answer 15

That if the victim self injects then it breaks the chain of causation

Question 16

What is gross negligence manslaughter

Answer 16

Where the defendant owes the victim a duty of care and breaches that duty in such a negligent way as decided by the jury that causes death

Question 17

What are the 4 parts to gross negligence

Answer 17

D must owe V a duty of care
D must breach their duty
They must breach it in such a negligent way as decided by a jury
There must be a risk of death

Question 18

What is the lead case for gross negligence

Answer 18

Adamako

Question 19

Adamako

Answer 19

D failed to act quick enough to save V’s life

Question 20

What other case is used to describe a duty of care

Answer 20

R v Stone and Dobinson

Question 21

R v Stone and Dobinson

Answer 21

Parents failed to feed their child and the child died

relates to D having a relationship with V

Question 22

What cases are needed for unlawful act manslaughter

Answer 22

Lamb
Lowe
Larkin
Willoughby
Newbury and Jones
Franklin
Watson
Dawson
Goodfellow

Question 23

R v Wacker

Answer 23

D failed to give V’s ventilation and they died

Relates to joint enterprise

Question 24

R v Bateman

Answer 24

Doctor failed to send a patient to hospital, the patient then died
It was not ‘gross’

Question 25

R v Misra

Answer 25

D failed to treat V for an infection and V died

says that there must be a risk of death