Involuntary Manslaughter

Question 1

What is the first of the four criteria required for unlawful act manslaughter?

Answer 1

That D must have committed an unlawful act

Question 2

Which case(s) show that the unlawful act cannot be a tort or an omission?

Answer 2

Franklin (tort/civil wrong), Lowe (omission or breach of contract)

Question 3

In which case was arson the act in unlawful act manslaughter?

Answer 3

Goodfellow

Question 4

Another criteria for unlawful act manslaughter is that the a__ must be o_______ dangerous

Answer 4

Act, objectively

Question 5

Church test: ‘such as all sober and reasonable people would inevitably recognise must subject the other person to the risk of s___ harm, albeit not s______ harm’

Answer 5

Some, serious

Question 6

What does the case of JM and SM tell us about ‘some harm’?

Answer 6

Only need to foresee some harm, not a particular type of harm

Question 7

Is the Church test subjective or objective?

Answer 7

Objective

Question 8

D’s unlawful act must c____ d_____, and D must be the f_____ and l____ cause.

Answer 8

Cause death, factual, legal

Question 9

Where might a causation issue arise regarding the supply of drugs?

Answer 9

Whether D had injected the victim or had just supplied the drugs for self-injection

Question 10

D must have the mens rea of the unlawful act, but does not have to realise the act is d_______ or u______

Answer 10

Dangerous, unlawful

Question 11

What is the 1st criteria for gross negligence manslaughter?

Answer 11

Establishing a duty of care

Question 12

Which case gives us the three-part test for establishing novel duty situations?

Answer 12

Caparo v Dickman

Question 13

What is used to establish a duty of care for omissions?

Answer 13

The six duty situations

Question 14

What is the test from Caparo v Dickman?

Answer 14

Harm must be reasonably foreseeable, there must be a sufficiently proximate relationship in time and space, and is it fair, just and reasonable to impose a duty?

Question 15

Name two factors which must be considered when establishing a breach of duty and a case to support each

Answer 15

Size of risk (Bolton v Stone), reasonable precautions (Latimer v AEC), special characteristics (Paris v Stepney BC), social utility (Watt v Hertfordshire CC)

Question 16

When will D have breached their duty of care to another?

Answer 16

When they have failed to act as the reasonable person would

Question 17

Which case tells us that there must be a ‘serious and obvious risk of death’ for gross negligence manslaughter?

Answer 17

Singh

Question 18

What is the 4th criteria for gross negligence manslaughter?

Answer 18

That the breach must cause death

Question 19

Causation for omissions: ‘had D fulfilled his duty, it was at least h______ p_____ that V would not have died’ (M___)

Answer 19

Highly probable, (Misra)

Question 20

How was ‘grossly negligent’ defined in Misra?

Answer 20

‘So reprehensible’

Question 21

In which case was ‘grossly negligent’ defined as ‘so bad in all the circumstances’?

Answer 21

Adomako

Question 22

What is the test from Bolam v Friern Barnet Hospital Management Committee for professionals regarding breach of duty?

Answer 22

‘Has D acted in accordance with a practice accepted as proper by a responsible body of men skilled in that profession’?

Question 23

Which case qualifies the test in Bolam?

Answer 23

Bolitho

Question 24

The ‘practice’ must have a l_____ b____ and must be accepted as proper by a r______ body of individuals’ (Bolitho)

Answer 24

Logical basis, reasonable