Manslaughter

Question 1

definition

Answer 1

Involuntary manslaughter - Unlawful killing of a human being without the high level of mens rea required for murder.
Common law offence
not a partial defence to murder

Question 2

Unlawful Act - UAM

Answer 2

Must be a criminal, positive act. Civil wrong isnt enough (franklin) Omission cannot create liability (lowe)

Question 3

Dangerous - UAM

Answer 3

measured by an objective test. only needs to be a risk of some harm (church). reasonable person would realise the act might cause some injury
Can be against a person but does not have to be aimed at them (mitchell)
can be against property if there is a risk of injury (goodfellow)
there must be a risk of physical harm, apprehension is not sufficient even if it causes a heart attack (dawson)

Question 4

Cause death - UAM

Answer 4

apply factual causation(pagett) Legal causation (kimsey)
Break of chain (jordan) Thin skull rule (blaue)
Drug cases if D injects V there is no break in the chain (cato) D has prepared injection handed the syringe and V injects themself this is voulentary act by V so breaks chain (kennedy)

Question 5

Had mens rea for UAM

Answer 5

Intent/Recklessness is required for initial crime. D does not need to realise the act is dangerous or unlawful or to foresee a risk of harm (newbury and james)

Question 6

GNM

Answer 6

Do owes V a duty of care but breaches it. Can be committed with a act or an omission and neither have to be unlawful. Leading case for GNM in Adomako.

Question 7

Duty of care to victim - GNM

Answer 7

civil principles of GNM comes from Caparo v Dickman. Duty of care includes parental, contractual duties ect. COA held for criminal law it was irrelevant that the victim was party to an illegal act. Duty of care can exist where d created a state of affairs that they know can become life threatening (evans)

Question 8

Must be a breach of that duty - GNM

Answer 8

must be proved the care has been breached. objective test, what would reasonable man do? Nettleship v western learner drivers judged on the competent ones.

Question 9

Must cause death - GNM

Answer 9

factual causation (stone & dobinson) break in chain?legal, more than minimal cause

Question 10

Failure must be gross to be criminal - GNM

Answer 10

Bateman decided D must show disregard for health and safety of the V and its a matter for the jury to decide wether the conduct of the D was so bad to amount to a criminal act or omission (edwards)