Involuntary Manslaughter- unlawful act

Question 1

Three types of invol

Answer 1

Unlawful act
Gross negligence
Reckless

Question 2

Unlawful act also known as

Answer 2

Constructive

Question 3

Maximum sentence for invol

Answer 3

Life imprsionment

Question 4

The death must be caused by an

Answer 4

Unlawful act and must be criminal offence

Question 5

Unlawful act -

Franklin

Answer 5

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

Question 6

Unlawful act

Lamb

Answer 6

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

Question 7

Can a unlawful act be done by an omission

Answer 7

No as stated in lowe

Question 8

Unlawful act-

Lowe

Answer 8

Child died from neglect from parents. Conviction quashed as an omission can’t create liability must be a criminal act

Question 9

Unlawful act-

Church

Answer 9

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

Question 10

A02 of church

Answer 10

Precedent from 1966 which hasn’t been altered

Question 11

Unlawful act must be dangerous -

Larkin

Answer 11

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

Question 12

D must cause the death as stated in

Answer 12

Lewis

Question 13

Lewis

Answer 13

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

Question 14

Unlawful act-

Does the act need to be aimed at V

Answer 14

No as seen in Larkin and Mitchel

Question 15

Mitchell

Answer 15

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

Question 16

Unlawful act-

Does the act even need to be aimed at a person

Answer 16

No can be aimed at property as seen in goodfellow

Question 17

Goodfellow

Answer 17

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

Question 18

Is it necessary for the sober reasonable perosn to foresee the harm caused or just some harm

Answer 18

Just some harm as seen in JM and SM

Question 19

Unlawful act-

JM And SM

Answer 19

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

Question 20

Unlawful act-

Cato

Answer 20

D injected V with her ion several times at Vs request. The intox caused Vs respiratory failure d was convicted

Question 21

Unlawful act-

In drugs cases what are the two points to be considered

Answer 21

Whethe D did an unlawful act

Whether D caused V’s death or the self injection is an intervening act

Question 22

Unlawful act-

Dalby

Answer 22

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

Question 23

Unlawful act

Kennedy

Answer 23

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

Question 24

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

Answer 24

Newbury and Jones

Question 25

Unlawful act -

Newbury and Jones

Answer 25

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