Involuntrary Manslaughter

Question 1

Types of invol mans

Answer 1

Unlawful act/constructive mans

Gross negligence mans

Subjective reckless mans

Question 2

Unlawful act/constructive mans

Answer 2

An unlawful act - Franklin

That was objectively dangerous - Larkin

That caused the death of v - Cato

Question 3

What must the act be?

Answer 3

Must be criminal - Watson

(broke into old mans house - burglary)

Must be a positive action- lamb

(Pretended to shoot at v)

Question 4

Act must be objectively what?

Answer 4

Dangerous

Measured by objective test - would a reasonable person foresee danger
church

Question 5

What case set test for objectively dangerous?

Answer 5

Church

D chucked v into river thinking she was dead when she wasn’t

Question 6

Mens rea required for initial unlawful act but no need for d to realise the act is dangerous/unlawful or foresee wish of harm

Answer 6

Decided in Newbury and Jones

Boys chucking bricks over bridge onto train

Question 7

Which case determined test for gross negligence manslaughter?

Answer 7

Adamako

Question 8

Gross neg mans

Answer 8

Must be a duty of care -
wacker & Khan and Khan

There must be a breach of that duty

The breach of duty must cause death

D’s failure was so gross that a jury would believe it to be worthy of punishment & there must be a risk of death - Bateman

Question 9

What case confirms subjective reckless mans?

Answer 9

Lidar

Question 10

What is subjective reckless mans?

Answer 10

D kills through recklessness behaviour

Cunningham recklessness

Question 11

Define invol mans

Answer 11

Unlawful killing of a human being under the queens peace without the high level of mens rea required for murder