Involuntary manslaughter P1 SEC B Flashcards
in what case did the supreme court set out 6 elements of proving GNM
R v Broughton
what are the 6 elements to prove GNM
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
what is gross negligent manslaughter
didnt mean to be unlawful but was careless
what is unlawful act manslaughter
committed some unlawful act and someone died as a result
what is involuntary manslaughter
unlawful killing without intent to kill or cause GBH
what case will always be used for a duty of care
Robinson
what is the case for serious and obvious risk of death
R v Rose
who does not have to forsee a serious and obvious risk of death
doesn’t matter if D knows only matters if reasonable person would foresee a serious and obvious risk of death
what is the test for factual causation
the but for test
what is the case for the but for test
R v Pagget
R v White
what is the test for legal causation
operative and substantial test
what is the cases for the operative and substantial test
R v Smith
R v Jordan
what chain will be broken if there is an intervening act that is…..
unforeseeable and unreasonable
what are the 3 intervening acts and the cases/ examples of each
acts of third party - R v Jordan or R v Pagget
victims own actions - R v Williams
acts of god - earthquake
what is the case for gross negligence
Broughton
in Broughton it says to decide if something is grossly negligent the court said to ask the jury if
the circumstances of the breach where truly exceptionally bad as to require criminal sanction
when does unlawful act manslaughter occur
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
what are the 3 cases for unlawful act manslaughter
R v Stone and Dobinson
R v Franklin
R v Lamb
what is the legal principle for R v Stone and Dobinson
a failure(omission) will be insufficient for unlawful act manslaughter
there must be an act
what is the legal principle for R v Franklin
unlawful act must be criminal
a civil wrong is not enough
what are examples of unlawful acts
assault battery and criminal damage
what is the legal principle for R v Lamb
D must have all elements of the unlawful act
actus reus and mens rea
what is the mens rea for unlawful acts
the defendant only needs the mens rea for the unlawful act they do not need to have the mens rea for the death
what are the 2 cases for mens rea of an unlawful act
DPP v Newbury and Jones
Mitchell
what is the legal principle for DPP v Newbury and Jones
it is not necessary to prove that D foresaw any harm from his act
D only needs the MR of the unlawful act
what is the legal principle for Mitchell
transferred malice
explain the unlawful act must cause the death
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
what is the case for unlawful act must cause the death of V
R v Dear
what is the legal principle for R v Dear
self neglect by V does not break the chain of causation
what are the 2 drug cases
Cato (1976)
Kennedy(no 2) 2007
what is the legal principle for Cato
the link between D and the death of V is intact as D administers the drug to V
what is the legal principle for Kennedy
victim breaks the link from D by injecting the drug to himself
what are the 6 cases for an unlawful act must be dangerous
Church
Dawson
Watson
R v JM and SM
Goodfellow
Farnon and Ellis
what is the church test of dangerousness in Church (1966)
an act is dangerous if a sober an reasonable man would realise that it carries a risk of some physical harm to another person
what is the legal principle in Dawson
emotional harm is not enough to prove the defendants act is dangerous
what is the legal principle in Watson
a reasonable man would have realised the risk of physical harm for the risk to be dangerous
what is the legal principle for R v JM and SM
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
what is the legal principle for Goodfellow
an unlawful act can be aimed at property
What did the court say about the concept of a serious and obvious risk in R v Rose
An obvious risk is a present risk which is clear and unambiguous not which becomes apparent on further investigation
what is the case for contractual duty
R v Pitwood
what is the case for act arising from a relationship
R v Gibbons and proctor
what is the case for voluntarily assuming responsibility
R v Stone and Dobinson
what is the case for public office
R v Dytham
what is the case for creating a dangerous situation
R v MIller
