Manslaughter Offences Flashcards
What is culpable murder that does not amount to homicide and is not infantacide?
Answer:
Manslaughter
Common law draws a distinction between manslaughter, What are they?
Answer:
- Voluntary manslaughter
- Involuntary manslaughter
What is defined by voluntary manslaughter?
Answer:
It is a situation where the death is caused even though there is an intention to kill or cause GBH but there are mitigating circumstances that are present such as a suicide pact.
What is defined by involuntary manslaughter?
Answer:
Covers all types of unlawful killing in which the death is caused by and unlawful act or gross negligence.
In such cases there is no intention to kill or cause GBH.
What considerations should be made when a killing occurs during a fight?
In such a situation what issues must be considered in regards to which way the killing should be viewed?
Answer:
Whether there was:
- self defence
- the required mens rea for a murder charge
Answer:
- If the homicide can be justified having arisen out of self defence (s48) the proper verdict is acquittal
- If the fact there was a fight that negates that the defendant had the required mens rea to bring a charge of murder within s167, the proper verdict is manslaughter
In regards to Section 160(2) CA61 - Death by an unlawful act, What is the four-point test for proving an unlawful Act as defined in Newbury and Jones?
Answer:
- The defendant must intentionally do the act
- The act must be unlawful
- The act must be dangerous
- The act must cause death
What does s155 and s156 CA61 apply to?
Answer:
Instances where the defendant was engaged in a dangerous act or in charge of a dangerous thing and is criminally responsible for the consequences of the act or omission
When manslaughter arises from negligence in a situation where a person rides on the bonnet of the car you are driving and falls off and dies, Does the driver have a defence against a manslaughter charge?
Answer:
No. If the driver knew the deceased was in that position and drove dangerously or negligently, the consent of the person who subsequently dies is no defence.
Where a death occurs during a lawful game or contest such as a football or hockey match is the defendant criminally liable?
When would the death NOT be treated as non-culpable homicide?
Answer:
No.
Answer:
Where the defendant’s actions were likely to cause serious injury.
E.g hockey player intentionally hits opponent over the head with stick
What happens in the situation where the deceased contributed to their own death by their own negligence, Does the defendant have a defence against manslaughter by negligence?
Answer:
No. even if this happens this does not afford the defendant a defence. Contributory negligence is no defence.
In regard to negligent drivers, juries have been reluctant to convict negligent drivers of manslaughter. What alternative offences have been formulated?
Answer:
s36A, s38, s39 and s39AA of the Land Transport Act 1998 and relate to aggravated careless, dangerous and reckless driving causing death.
Are the expressions “very high degree of negligence” and “gross negligence” defined by statute?
Answer:
No.
What does s150A CA61 relate to?
Answer:
This section applies to legal duties specified in any of the sections 151 - 153, 155 - 157 and unlawful act referred to in s160
When s150A applicable in regards to the standard of care applicable to a person performing a legal duty or performing unlawful acts, What is defined in s/s (2)?
Answer:
A person is criminally responsible for omitting to discharge or perform a legal duty or performing an unlawful act to which this section applies when;
In the circumstances where the omission or unlawful act is a major departure from the standard of care expected of a reasonable person to who the legal duty applies or performs that unlawful act
Explain the “major departure test” in regards to s150A(2)
Answer:
Requires high degree of negligence.
Applies where negligent omission results in endangerment or injury.
Extends to offences of ill treatment or neglect of a child or a vulnerable adult and failure to protect a child or vulnerable adult
