Involuntary manslaughter (AO1)

Question 1

What is involuntary manslaughter AO1 split into?

Answer 1

-Intro
-UAM
-GNM

Question 2

What must you check before you start writing your answer for involuntary manslaughter?

Answer 2

Whether question is asking about both offences (GNM & UAM) or only ONE of them

Question 3

What do you write for the INTRO section?

Answer 3

-State that involuntary manslaughter has been developed through the common law, so no statutory guidance
-Define involuntary manslaughter - Unlawful killing of a human being without intent to kill or cause GBH

Question 4

What is UAM ao1 split into?

Answer 4

1. Unlawful Act
2. Danger
3. Property
4. Cause
5. MR

Question 5

Explain UAM 1. Unlawful act

Answer 5

-The D did an unlawful act - must be a criminal act (not a civil wrong), cannot be an omission (Franklin, Lowe)

Question 6

Explain UAM 2. Danger

Answer 6

-The Unlawful act was dangerous - objective test (reasonable person test) (Church, Dawson)

Question 7

Explain UAM 3. Property

Answer 7

-The unlawful act can be directed towards property, as long as it carries a risk of some harm towards people (Goodfellow)

Question 8

Explain UAM 4. Cause

Answer 8

-The D’s unlawful act caused V’s death, factual/legal cause & no intervening act

Question 9

Explain UAM 5. MR

Answer 9

-The D had MR for their unlawful act, D doesn’t have to realise their act was dangerous or foresee a risk of harm from their act (Newbury and Jones)

Question 10

What is GNM ao1 split into?

Answer 10

STATE LEADING CASE ADOMAKO
1. DofC
2. breach
3. Cause
4. Negligent
5. Risk

Question 11

Explain GNM 1. DofC

Answer 11

-The D owed the V a legal duty of care - civil law principle (“neighbour” test) (Pittwood, Singh)

Question 12

Explain GNM 2. Breach

Answer 12

-The D breached his duty of care through an act or an omission

Question 13

Explain GNM 3. Cause

Answer 13

-Breach of Duty caused V’s death, factual/legal cause & no intervening act

Question 14

Explain GNM 4. Negligent

Answer 14

-D’s breach was grossly negligent, failure was so “gross” in eyes of jury that it should be classed as criminal (Bateman)

Question 15

Explain GNM 5. Risk

Answer 15

-D’s breach of duty carried the risk of death (Misra)

Question 16

What is the principle of Lowe?

Answer 16

For unlawful act manslaughter there must be an unlawful act, can’t be an omission

Question 17

What is the principle of Franklin?

Answer 17

The unlawful act must constitute a criminal offence

Question 18

What is the principle of Church?

Answer 18

An unlawful act causing the death of another can’t, simply because it’s an unlawful act, render a manslaughter verdict

Question 19

What is the principle of Dawson?

Answer 19

The danger must’ve been reasonably foreseeable

Question 20

What is the principle of Goodfellow?

Answer 20

There was no requirement that the unlawful act was directed at the victims nor that it was directed at a person

Question 21

What is the principle of Newbury and Jones?

Answer 21

The D doesn’t need to foresee harm, nor intend to cause injury/know the act was unlawful

Question 22

What is the principle of Pittwood?

Answer 22

D was liable as it was his contractual duty to lift the gate

Question 23

What is the principle of Bateman?

Answer 23

The court set out the requirements to prove GNM:
1. The D must owe the victim a duty of care
2. D must have failed to discharge that duty
3. Failure to discharge duty caused victims death
4. The jury must be satisfied that the failure disregarded the life and safety of others to amount to a crime

Question 24

What is the principle of Adomako?

Answer 24

The offence of GNM is committed where the death is a result of a grossly negligent act or omission on the part of the D