Invoulantary Manslaughter Cases Flashcards
Franklin
d threw a box in the sea of a pier and hit a swimmer who died. Held the unlawful act must be a crime and not a civil wrong
Lamb
boys playing with guns, one got shot and died. Held it was not a crime as the assault fails
Lowe
child died from neglect, held that neglect is an omission not an act
Church
woman knocked unconsious, tried to wake her, believed she dies so thre her in a river. Held that if a sober and reasonable person would recognise it to result in some harm”
Mitchell
jumped a que at a post office then pushed an old man who fell into an elderly woman who dies. Held tht the unlawfu act does not hav eto be aimed at theh victim
Goodfellow
set a fire to his own council house so they were forced to give him a new house, his family were still in it. Held the unlawful act did not have to be aimed at the V
Dawson
ds attempted to rob a gas station they had a pickaxe and fake guns; the tenant was 60 and had a heart disease and suffered a heart attack. Held the Ds were not aware of the heart condition so a reasonable person would not recognise it
Watson
broke into the house of an 87-year-old man and verbally abuses him, he hearts attack and died. C of A said action was dangerous due to the age and vulnerability of the victim
Cato
d purchased heroin and injected it into the v who dies. D was guilty of manslaughter for the unlawful act of purchasing heroin and administering a noxious thing
Dalby
supplied drugs to v who self-injected. Held that the d was not the cause of death because the v self-injected and broke the chain of causation
Kennedy
supplied drugs and v self-injected. Held that the if v is supplied with drugs and self-injects the d is not the cause of death
Evan’s
gave her sister heroin, she overdosed, and her mum and sister put her to sleep instead of getting help, she then died.
Newbury and jones
threw a paving lab at an approaching train which hit the conductor and killed him. Held they had the mens rea for an unlawful act
Adamako
anthesis failed to notice that the oxygen pipe becoming dislodged during an operation. Held that his failure to spot the sign was abysmal
Singh
tenant dies of carbon monoxide poisoning, the landlords was aware of unsafe gas flat. Held he had a duty of care through the tenancy agreement which as breeched as he knew the dangers and did not act
Lichfield
ship’s captain sailed a dangerous route and killed three ship members, held d owed a duty of care through contract which was breeched by sailing a dangerous route
Wacker
had 58 illegal immigrants in his lorry, he didn’t check thy had air and they all died, held that the C of A rejected his argument that he had a duty of car even though he was committing a crime
Evan’s
supplied v with heroin and she overdosed, they put her to sleep hoping she would recover but she dies, held they had a duty of care when she created a chain of affairs that were life threatening
Stone and dobbinson
aunty who was ill was living with them, didn’t look after her or feed her or seek medical help, held that they had a voluntary duty of care
Bateman
midwife charged when a woman died during childbirth, held that the negligence of the accused mush show ‘such disregard to a person’s life or safety to amount to a crime
Finlay
scout leader took group up Snowdon and v fell and died; the jury found insufficient disregard for life to amount to GNM
Edward’s
allowed 7-year-old daughter and friend to play on a railway line the victims were killed by a train. Held that the parents were guilty of GNM because they disregarded their lives
Mirsa and another
doctors dint look after a patient well after surgery and they died from toxic shock, held there must be a risk of death for GNM
