Involuntary Manslaughter- unlawful act Flashcards
Three types of invol
Unlawful act
Gross negligence
Reckless
Unlawful act also known as
Constructive
Maximum sentence for invol
Life imprsionment
The death must be caused by an
Unlawful act and must be criminal offence
Unlawful act -
Franklin
D threw a large box into the sea the box hit and killed v who was swimming. Held that death must be caused by an unlawful act a civil wrong isn’t enough
Unlawful act
Lamb
Boys playing with a revolver didn’t think it would fire he pointed it at friend shot it and killed him. Conviction quashed as there was no unlawful act as V didn’t think it would fire he wasn’t threatened
Can a unlawful act be done by an omission
No as stated in lowe
Unlawful act-
Lowe
Child died from neglect from parents. Conviction quashed as an omission can’t create liability must be a criminal act
Unlawful act-
Church
Held an act which all sober and reasonable people would realise would subject V to at least some harm
The harm doesn’t need to be serious. If a sober and reasonable person realised the unlawful act may cause some injury then this part of the test is satisfied. d themselves don’t have to foresee harm
A02 of church
Precedent from 1966 which hasn’t been altered
Unlawful act must be dangerous -
Larkin
D waved a razor around to frighten his mistresses lover. He claimed his mistress who was dunk fell into the blade and killed her as it cut her throat. The assault to the man was a dangerous act which a sober and reasonable person would notice
D must cause the death as stated in
Lewis
Lewis
D was driving home when students were crossing the road one bit the car. D got out and pushed the women. Her brother intervened and ran off and D ran after him and V hit another car and died
Unlawful act-
Does the act need to be aimed at V
No as seen in Larkin and Mitchel
Mitchell
D tried to jump queue in post office. Another man objected and d hit him causing him to fall against people including a old women who fell and died a few days later. No requirement for the unlawful act to be directed at V
Unlawful act-
Does the act even need to be aimed at a person
No can be aimed at property as seen in goodfellow
Goodfellow
D wished to move from his council house but couldn’t so he set fire to it. His wife son and another women died in the fire. Developed AR to include property
Is it necessary for the sober reasonable perosn to foresee the harm caused or just some harm
Just some harm as seen in JM and SM
Unlawful act-
JM And SM
After being taken out a club D wished to renter and had argument with security. Security had heart attack and died the sober and reasonable person Just foresee some harm but not harm caused
Unlawful act-
Cato
D injected V with her ion several times at Vs request. The intox caused Vs respiratory failure d was convicted
Unlawful act-
In drugs cases what are the two points to be considered
Whethe D did an unlawful act
Whether D caused V’s death or the self injection is an intervening act
Unlawful act-
Dalby
D shied V with controlled drugs V injected himself and died. Conviction quashed as although the supplying drug was an unlawful act the injecting was the cause of death so chain broke
Unlawful act
Kennedy
V asked D to supply him with herion, D filled a syringe and gave it to V who injected him self and died. Two appeals to the cofa were unsuccessful and then HofL quashed it as it wasn’t the cause of death the injecting broke the chain
Unlawful act-
Must be proved that D had the MR for the unlawful act but not necessary for D to realise it was unlawful or dangerous as seen in
Newbury and Jones
Unlawful act -
Newbury and Jones
Young boys through a pavement slab off a bridge and killed a train driver . HofL confirmed D doesn’t have to foresee that harm will result from his action
