Lecture 3 involuntary manslaughter revision notes Flashcards
What is the brief difference between voluntary and involuntary manslaughter?
Voluntary manslaughter is when the defendant HAD the Mens rea (intention) to kill, but SUCCEEDED in the defence.
Involuntary manslaughter is when there was no mens rea to kill, but has committed an unlawful act, gross negligence
manslaughter or subjective recklessness manslaughter.
What is the sentencing for involuntary manslaughter?
Discretionary one for the judge because there is no mandatory
life sentence for manslaughter
What are the 4 forms of involuntary manslaughter?
1) Gross negligence manslaughter
2) unlawful act manslaughter
3) Subjective recklessness manslaughter
4) Statutory Corporate Manslaughter
If the defendant is convicted of involuntary manslaughter then what is the sentencing?
The judge has a
discretion in sentencing. This can range from an absolute discharge to a very
long prison sentence.
Explain what Unlawful Act Manslaughter (UAM) involves?
For UAM, the defendant is committing a crime which results in death. The mens
rea does not relate to the death but to the base crime that is being committed
when the person dies. Therefore, the defendant does not have an intention to kill
or cause GBH but is still liable for the death.
What are the 3 factors that need to be present to prove UAM?
The three elements that need to be proved are:
Unlawful act is being committed (ie a crime)
Unlawful act has to be dangerous
Unlawful and dangerous act has to be the direct cause of death (applying
factual and legal causation)
This offence can only be committed by an act – not an omission
What are the cases relating to factor 1 (Act has to be unlawful (ie a crime is being committed by the defendant) for the UAM?
Franklin (1883) 15 Cox CC 163
Dhaliwal [2006] EWCA Crim 1139
Lewis [2010] EWCA Crim 151
Meeking [2012] EWCA Crim 641
What does ‘Unlawful act has to be done with mens rea’ mean?
The actus reus and the mens rea of the crime the defendant is committing at the
time the person dies has to be proved.
what case is used for ‘Unlawful act has to be done with mens rea’?
Lamb [1967] 2 All ER 1282
What cases are used to prove that the unlawful act has to be dangerous?
Larkin [1967] 2 All ER 1282
Church [1965] 2 All ER 72 - the unlawful act must be such that all sober and
reasonable people would inevitably recognise it as an act which must
subject the other person to at least the risk of some harm resulting
therefrom, albeit not serious harm.
Newbury & Jones [1976] 2 All ER 365
Carey [2006] Crim LR 843
DJ [2007] EWCA Crim 3133
What does the ‘Sober and Reasonable Man (objective test)’ mean?
The sober and reasonable person is positioned next to the defendant at the
scene of the crime.
What are the cases used for the ‘Sober and Reasonable Man (objective test)’ ?
Dawson (1985) 81 Cr.App.R. 150 Watson [1989] 2 ALL ER 865 JM & Anor, R v [2012] EWCA Crim 2293 JF [2015] EWCA Crim 351 Bristow [2013] EWCA Crim 1540
what does the ‘Unlawful and dangerous act has to cause death’ refer to?
Factual and legal causation as outlined in lecture one would be applied to the
unlawful and dangerous act to establish causation.
What are the cases used for the ‘Unlawful and dangerous act has to cause death’?
Goodfellow (1986) 83 Cr.App.R. 23 – does not have to be aimed at the victim but
does have to be the direct cause of death. Confirmed in:
Kennedy (No 2) [2005] EWCA Crim 685
DPP v Daley [1979] 2 WLR 239 – act had to be aimed at the victim
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R v DJ [2007] EWCA Crim 3133
Warburton [2006] EWCA Crim 627
Fitzgerald [2006] EWCA Crim 1655
Johnstone [2007] EWCA Crim 3133
What cases are used for ‘Drugs and manslaughter’?
Cato [1976] 1 All ER 142 Kennedy [1999] Crim LR 65 Dias [2002] 2 Cr.App.R. 96 Andrews [2003] Crim LR 477 Howell [2003] All ER 107 Rogers [2003] 2 Cr.App.R. 10 Kennedy (No 2) [2007] 3 WLR 612 – this is a key case
