INVOLUNTARY MANSLAUGHTER - FATAL OFFENCE (paper 1) Flashcards
Types of involuntary manslaughter
- unlawful act (constructive) manslaughter
- gross negligence manslaughter
what are the 4 main requirements for unlawful act manslaughter?
(1) unlawful act
(2) dangerous act
(3) caused death
(4) MR (of unlawful act but doesn’t need to foresee harm)
element 1 - there must be an unlawful act
- D must have committed an unlawful act and have the MR for the unlawful act
- must be a criminal act (not a civil wrong) Franklin (1883)
- The unlawful act must be a positive act (not an omission) R v Lowe
key case - Franklin (1883)
- D threw large box from pier and hit and killed a swimmer
- D’s act was a civil wrong doing not a criminal act
- for UAM the D must have committed a criminal act
key case - Lowe (1973)
- D was convicted of neglecting his baby, he failed to call a doctor for his 9 week old baby girl who was unwell
- conviction of UAM was quashed
- case made it clear that for UAM D must have committed a positive act not an omission
key case - Lamb (1967)
- D and his friend V were fooling around with a revolver, thought the next chamber was empty
- D pulled the tigger, killing V
- conviction was quashed, as he didn’t have the AR for a common law assault as V did not fear an assault
element 2 - unlawful act must be dangerous
- jury will apply the objective test and decide if its dangerous (R v Church)
- must be a risk of some harm, R v Watson showed how shock/fear may be sufficient enough
- act doesn’t have to be aimed at the victim
- don’t have to foresee harm of others and the act can be harm to property
key case - church (1956)
- confirmed that an objective test should be applied if D’s conduct was dangerous
- confirmed there must be a risk of some harm
key case - Newbury & Jones (1977)
- two teenagers pushed concrete slab at train, killing a train guard
- at trial convicted of manslaughter, appealed on ground that they didn’t foresee that their act would cause the harm
- HOL stated that its not necessary for D to have foreseen harm to be convicted of manslaughter
key case - Goodfellow (1986)
- D set fire to his own house and killed 3 people in family
- he didn’t intend to kill these people, purpose was damage to property so they’d be rehoused by council
- conviction upheld - unlawful act can be against property
what must the unlawful act do to be considered dangerous?
- be sufficient enough to cause some actual physical harm
- emotional fear or distress is not enough on its own
- shock causing physical injury will be enough
key case - Dawson (1985)
- D attempted to rob a petrol station with a fake gun, V aged 60 had severe heart condition and died
- D’s manslaughter was quashed as he didn’t know about D’s weak heart and therefore not objectively dangerous under the church test
key case - Mitchell (1983)
- D hit a man in a queue, the blow caused the man to fall on elderly lady (89) and she died
- D’s act was objectively dangerous and is sufficient for UAM
element 3 - causation
- causation must be established
- D must factually and legally caused V’s death
self administration of drugs breaks the chain of causation where V is an adult of sound mind - cases
- Cato (1976) - prepared heroin syringes and injected each other. V died and D was convicted of UAM
- Dalby (1982) - HL confirmed tat a manslaughter cannot be based on supply alone. it has to be administers.
element 4 - Men’s Rea
- D must have the required MR of the original unlawful act
- the prosecution does not have to prove that D foresaw any harm from his/her unlawful act. there is no subjective test
- R v Newbury and Jones (1976)
Gross negligence manslaughter
- type of involuntary manslaughter
- offence where D owes V a DOC, breaches it in such a grossly negligent way, there is a clear risk of death and causes V’s death
source of GNM
- common law
- judge-made law
- definition in the case of Adomako, which set out 4 key elements
- case if Singh and Misra confirmed their must be risk of death
Definition of GNM
- definition in Adomako ]- 4 key elements;
(1) D owes V a DOC
(2) D breaches the DOC
(3) causes death
(4) D’s negligence is so gross that the jury believe it is criminal rather than civil wrongdoing and is deserving of sanctions
element 1 - duty of care
- D must owe V a duty of care
- same meaning as in civil law
- Donoghue v Stevenson 1932 gave us the ‘neighbourhood principle’
- GNM can be an act or omission
- Duty is decided - (1) using any existing precedents (2) novel/new situations, the 3 part Caparo test will be decided if D owes V a DOC
R v Singh (1999)
- D was a landlord of a rental property which has a faulty gas fire and his tenants were killed by carbon monoxide
- D owed a DOC as the landlord
- guilty of GNM
R v Litchfield (1998)
- D was master of a sailing ship, it ran onto coast and killed 14 people
- D owed V’s a DOC as master and sailing on
- he had breached DOC
R v wacker (2003)
- D was driving a lorry with 60 immigrants, 58 were dead as he had closed the only ventilation for 5 hours
- convicted of manslaughter x 58
- he appealed saying he didn’t owe a DOC as it was a criminal act
- didn’t apply in crim law and he did owe a DOC
R v Evans (2009)
- D obtained heroin for her 16 year old sister, she took it, overdosed and collapsed but D failed to call for help
- D was convicted of GNM
- owed DOC because of the dangerous situation she had created
- found guilty of GNM