Manslaughter Flashcards
R v Dowds 2012
Voluntary Manslaughter- Diminished Responsibility.
Killed partner whilst intoxicated in knife attack. Intoxication is not part of diminished responsibility. Despite being listed by the World Health Organisation- it is a question of law, not an International classification system.
Byrne 1960
Voluntary Manslaughter- Diminished Responsibility.
D must have ‘substantially impaired’ ability to understand the nature of their conduct. D strangled woman, unable to control sexual desires.
Humphreys 1995
Voluntary Manslaughter- Loss of Control.
Both qualifying triggers- things said/done of grave character and fear of serious violence from victim were present.
Girl lived with a violent older man, told her he wanted a ‘gang bang’, indicated he wanted sex and taunted her about suicide.
Clinton 2012
Voluntary Manslaughter- Loss of Control
Although sexual infidelity does not qualify as ‘things said and done’, the wife taunted her husband and told him to kill himself.
Ahluwalia 1992
Voluntary Manslaughter- Loss of Control
Battered wife’s syndrome
She killed her abusive husband. Loss of control does not apply when motivated by revenge.
Church 1965
Involuntary Manslaughter- Unlawful Act
The act must be dangerous. Dangerousness is assessed objectively.
Church threw the victim’s body into the river, believing her to be dead and she drowned.
R v Dhaliwall 2006
Involuntary Manslaughter- Unlawful Act
Reducing someone to an emotional wreck is not an unlawful act. Wife’s suicide as a result of her husband’s abuse.
Franklin 1883 and Lamb 1967
Involuntary Manslaughter- Unlawful Act
D must have intended to commit the unlawful act.
Threw box from pier, person swimming was therefore hit and killed.
2 boys experimenting with revolver, 1 killed.
Adomako 1995
Involuntary Manslaughter- Gross Negligence
Leading case. D failed to notice that a tube had become disconnected during the operation so the patient died.
Hayward 1908
Involuntary Manslaughter- Gross Negligence
Negligence breach must have caused the death of the victim. Man was not holding onto the reins, the girl was killed but she would have died anyway.
Misra 2004
Involuntary Manslaughter- Gross Negligence
Confirmed the Adomako test. Not circulatory because the test states that a death is required. A patient died and the doctors tried to challenge the Adomako test on appeal.
Evans 2009
Involuntary Manslaughter- Gross Negligence
D supplies drugs to V, but can still be convicted even if these drugs are self-administered, as supplying the drugs creates a duty of care.
Lowe 1973
Involuntary Manslaughter- Unlawful Act
Omission will not suffice for unlawful act manslaughter. Failed to call for help for the sick infant.
