Manslaughter Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

Common law draws a further distinction between:

A
  • Voluntary manslaughter
  • INvoluntary manslaughter
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Explain Voluntary Manslaughter:

A

Mitigating circumstances, such as a suicide pact

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Explain Involuntary Manslaughter:

A

Covers those types of unlawful killing in which the death is caused by an unlawful act or gross negligence. No intention to kill or cause GBH.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

It is crucial to consider these issues if you are to decide the way in which a killing should be viewed:

A

whether there was:

  • if it was justified as having arisen out of self defence (s48)
  • the requisite mens rea for a murder charge
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Four point test for proving an unlawful act for manslaughter:

A
  1. Intentionally do an act
  2. Act must be unlawful
  3. Act must be dangerous
  4. Act must cause death
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Example of manslaughter by negligence:

A

Negligence while in charge of:

  • mines
  • machinery
  • vehicles
  • surgical treatment
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What should you take into account when deciding on a charge for negligent drivers?

A
  • The facts about the case
  • Degree of negligence
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What must the prosecution prove for a conviction of manslaughter where one of the sections referred to in 150A(1)?

A

A very high degree of negligence or gross negligence.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Explain Section 150A - Standard of care applicable to persons under legal duties

A

Criminally responsible for performing an unlawful act or omitting to perform legal duty, if it is a major departure from the standard of care expected

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Explain the ‘major departure’ test outlined in Section 150A?

A

Requires a high degree of negligence.

Where a negligent omission results in endangerment.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Explain the objective test with gross negligence

A

A defendants state of mind is not a prerequisite to conviction for manslaughter by gross negligence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly