Involuntary Manslaughter Flashcards
What is the first of the four criteria required for unlawful act manslaughter?
That D must have committed an unlawful act
Which case(s) show that the unlawful act cannot be a tort or an omission?
Franklin (tort/civil wrong), Lowe (omission or breach of contract)
In which case was arson the act in unlawful act manslaughter?
Goodfellow
Another criteria for unlawful act manslaughter is that the a__ must be o_______ dangerous
Act, objectively
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’
Some, serious
What does the case of JM and SM tell us about ‘some harm’?
Only need to foresee some harm, not a particular type of harm
Is the Church test subjective or objective?
Objective
D’s unlawful act must c____ d_____, and D must be the f_____ and l____ cause.
Cause death, factual, legal
Where might a causation issue arise regarding the supply of drugs?
Whether D had injected the victim or had just supplied the drugs for self-injection
D must have the mens rea of the unlawful act, but does not have to realise the act is d_______ or u______
Dangerous, unlawful
What is the 1st criteria for gross negligence manslaughter?
Establishing a duty of care
Which case gives us the three-part test for establishing novel duty situations?
Caparo v Dickman
What is used to establish a duty of care for omissions?
The six duty situations
What is the test from Caparo v Dickman?
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?
Name two factors which must be considered when establishing a breach of duty and a case to support each
Size of risk (Bolton v Stone), reasonable precautions (Latimer v AEC), special characteristics (Paris v Stepney BC), social utility (Watt v Hertfordshire CC)
When will D have breached their duty of care to another?
When they have failed to act as the reasonable person would
Which case tells us that there must be a ‘serious and obvious risk of death’ for gross negligence manslaughter?
Singh
What is the 4th criteria for gross negligence manslaughter?
That the breach must cause death
Causation for omissions: ‘had D fulfilled his duty, it was at least h______ p_____ that V would not have died’ (M___)
Highly probable, (Misra)
How was ‘grossly negligent’ defined in Misra?
‘So reprehensible’
In which case was ‘grossly negligent’ defined as ‘so bad in all the circumstances’?
Adomako
What is the test from Bolam v Friern Barnet Hospital Management Committee for professionals regarding breach of duty?
‘Has D acted in accordance with a practice accepted as proper by a responsible body of men skilled in that profession’?
Which case qualifies the test in Bolam?
Bolitho
The ‘practice’ must have a l_____ b____ and must be accepted as proper by a r______ body of individuals’ (Bolitho)
Logical basis, reasonable
