Involuntary manslaughter Flashcards
What are the two types of invol manslaughter
unlawful act and gross negligence
What is the definition of unlawful act manslaughter
an unlawful killing where the defendant does not have the intention, either direct or oblique, to kill or to cause gbh
What is the test for unlawful act
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
Lamb
D shot a revolver not thinking it would revolve
must be an unlawful act
Lowe
Neglected his son causing death
shouldve been charged with dross neg
Larkin
Threatened man with a razor and a woman fell on it
Would a reasonable person see it as dangerous
Goodfellow
set fire to his house unintentionally killing innocent inside
unlawful act can be done on property
Dawson
D robbed a petrol station
Act must be dangerous
Watson
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
Newbury and Jones
D pushed paving stone on passing train killing a guard
You need the mr for the unlawful act
Willoughby
V died in a fire in D’s pub
Cant be through an omission
Franklin
Throws a box off a river and hits a swimmer
Cant be through a civil action
How is D judged
As a sober and reasonable person
What are the two drugs cases for unlawful act manslaughter
Cato and Kennedy no.2
What does Cato and Kennedy no.2 establish
That if the victim self injects then it breaks the chain of causation
What is gross negligence manslaughter
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
What are the 4 parts to gross negligence
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
What is the lead case for gross negligence
Adamako
Adamako
D failed to act quick enough to save V’s life
What other case is used to describe a duty of care
R v Stone and Dobinson
R v Stone and Dobinson
Parents failed to feed their child and the child died
relates to D having a relationship with V
What cases are needed for unlawful act manslaughter
Lamb Lowe Larkin Willoughby Newbury and Jones Franklin Watson Dawson Goodfellow
R v Wacker
D failed to give V’s ventilation and they died
Relates to joint enterprise
R v Bateman
Doctor failed to send a patient to hospital, the patient then died
It was not ‘gross’
R v Misra
D failed to treat V for an infection and V died
says that there must be a risk of death
