Involuntary manslaughter P1 SEC B

Question 1

in what case did the supreme court set out 6 elements of proving GNM

Answer 1

R v Broughton

Question 2

what are the 6 elements to prove GNM

Answer 2

D must owe a duty of care
D must breach that duty of care
there must be a serious and obvious risk of death
risk must be reasonably forseeable
Ds breach must cause Vs death
the breach must be grossly negligent

Question 3

what is gross negligent manslaughter

Answer 3

didnt mean to be unlawful but was careless

Question 4

what is unlawful act manslaughter

Answer 4

committed some unlawful act and someone died as a result

Question 5

what is involuntary manslaughter

Answer 5

unlawful killing without intent to kill or cause GBH

Question 6

what case will always be used for a duty of care

Answer 6

Robinson

Question 7

what is the case for serious and obvious risk of death

Answer 7

R v Rose

Question 8

who does not have to forsee a serious and obvious risk of death

Answer 8

doesn’t matter if D knows only matters if reasonable person would foresee a serious and obvious risk of death

Question 9

what is the test for factual causation

Answer 9

the but for test

Question 10

what is the case for the but for test

Answer 10

R v Pagget
R v White

Question 11

what is the test for legal causation

Answer 11

operative and substantial test

Question 12

what is the cases for the operative and substantial test

Answer 12

R v Smith
R v Jordan

Question 13

what chain will be broken if there is an intervening act that is…..

Answer 13

unforeseeable and unreasonable

Question 14

what are the 3 intervening acts and the cases/ examples of each

Answer 14

acts of third party - R v Jordan or R v Pagget
victims own actions - R v Williams
acts of god - earthquake

Question 15

what is the case for gross negligence

Answer 15

Broughton

Question 16

in Broughton it says to decide if something is grossly negligent the court said to ask the jury if

Answer 16

the circumstances of the breach where truly exceptionally bad as to require criminal sanction

Question 17

when does unlawful act manslaughter occur

Answer 17

this offence occurs when D does not intend to kill or cause GBH but he has committed an unlawful act which has led to the death of V

Question 18

what are the 3 cases for unlawful act manslaughter

Answer 18

R v Stone and Dobinson
R v Franklin
R v Lamb

Question 19

what is the legal principle for R v Stone and Dobinson

Answer 19

a failure(omission) will be insufficient for unlawful act manslaughter
there must be an act

Question 20

what is the legal principle for R v Franklin

Answer 20

unlawful act must be criminal
a civil wrong is not enough

Question 21

what are examples of unlawful acts

Answer 21

assault battery and criminal damage

Question 22

what is the legal principle for R v Lamb

Answer 22

D must have all elements of the unlawful act
actus reus and mens rea

Question 23

what is the mens rea for unlawful acts

Answer 23

the defendant only needs the mens rea for the unlawful act they do not need to have the mens rea for the death

Question 24

what are the 2 cases for mens rea of an unlawful act

Answer 24

DPP v Newbury and Jones
Mitchell

Question 25

what is the legal principle for DPP v Newbury and Jones

Answer 25

it is not necessary to prove that D foresaw any harm from his act D only needs the MR of the unlawful act

Question 26

what is the legal principle for Mitchell

Answer 26

transferred malice

Question 27

explain the unlawful act must cause the death

Answer 27

the unlawful act must cause the death therefore not only must there be an unlawful act this act must crucially cause Vs death. Both types of causation must therefore be proved

Question 28

what is the case for unlawful act must cause the death of V

Answer 28

R v Dear

Question 29

what is the legal principle for R v Dear

Answer 29

self neglect by V does not break the chain of causation

Question 30

what are the 2 drug cases

Answer 30

Cato (1976) Kennedy(no 2) 2007

Question 31

what is the legal principle for Cato

Answer 31

the link between D and the death of V is intact as D administers the drug to V

Question 32

what is the legal principle for Kennedy

Answer 32

victim breaks the link from D by injecting the drug to himself

Question 33

what are the 6 cases for an unlawful act must be dangerous

Answer 33

Church Dawson Watson R v JM and SM Goodfellow Farnon and Ellis

Question 34

what is the church test of dangerousness in Church (1966)

Answer 34

an act is dangerous if a sober an reasonable man would realise that it carries a risk of some physical harm to another person

Question 35

what is the legal principle in Dawson

Answer 35

emotional harm is not enough to prove the defendants act is dangerous

Question 36

what is the legal principle in Watson

Answer 36

a reasonable man would have realised the risk of physical harm for the risk to be dangerous

Question 37

what is the legal principle for R v JM and SM

Answer 37

no need for a sober and reasonable man to forsee specific harm from which V died only that V would suffer physical harm of some sort

Question 38

what is the legal principle for Goodfellow

Answer 38

an unlawful act can be aimed at property

Question 39

What did the court say about the concept of a serious and obvious risk in R v Rose

Answer 39

An obvious risk is a present risk which is clear and unambiguous not which becomes apparent on further investigation

Question 40

what is the case for contractual duty

Answer 40

R v Pitwood

Question 41

what is the case for act arising from a relationship

Answer 41

R v Gibbons and proctor

Question 42

what is the case for voluntarily assuming responsibility

Answer 42

R v Stone and Dobinson

Question 43

what is the case for public office

Answer 43

R v Dytham

Question 44

what is the case for creating a dangerous situation

Answer 44

R v MIller