Manslaughter

Question 1

3 stage test for Unlawful Act Manslaughter

Answer 1

1. Must be an unlawful act
2. Unlawful act must be a dangerous one
3. Unlawful act must have caused the death (causation)

Question 2

Unlawful act must be dangerous test

Answer 2

R v Church - Edmund Davis ‘all sober and reasonable people would inevitably recognise the risk of some harm albeit not serious’

Question 3

Gross negligence manslaughter 3 stage test

Answer 3

1. Was there a breach of duty?
2. Did breach cause death?
3. Was negligence so bad to give rise to criminal liability?

Question 4

R v Misra and Srivastava

Answer 4

In cases of omission for gross negligence manslaughter - if defendant has fulfilled duty, it’s very highly probable that victim would not have died