Paper 1.10e - Manslaughter Flashcards
What does UDAM stand for?
Unlawful and Dangerous Acts Manslaughter.
What is involuntary manslaughter and what are the two types?
Unlawful killing of another human being with no malice aforethought.
UDAM and GNM.
What is the maximum sentence for involuntary manslaughter?
Discretionary life.
What case sets out the 4 elements of UDAM?
Larkin.
What are the four elements of UDAM?
D must commit an unlawful act.
The unlawful act must be dangerous.
The act must cause a death.
D must have the MR of the unlawful act.
What are the conditions for committing an unlawful act under elements one of UDAM? Name any relevant cases.
D must have committed an unlawful act.
It must be an act rather than an omission (Lowe).
It must be a criminal offence rather than civil (Franklin).
What is the case study for element one of UDAM: ‘d must commit an unlawful act’?
Lamb
Two boys are messing around with an ‘unloaded’ gun when it discharges and kills one of the boys. Since there was no unlawful act by d, there was no UDAM - no assault as there was no violence apprehended.
TRUE OR FALSE: Transferred malice does not apply to UDAM, because the unlawful act must be directed at the victim.
False: this was denied in Mitchell - where D kill an old woman by shoving a man into her.
TRUE OR FALSE: Under Goodfellow, UDAM can also be directed at property.
True: In Goodfellow, D burnt down his council flat to get rehoused, leading to the death of his family.
Under element two of UDAM, what is defined as ‘dangerous’? What test is this called?
‘a sober and reasonable person would foresee the risk of some harm albeit not serious harm’ - Church test.
In Dawson, 3 Ds, armed, rob a petrol station, leading to the death of an attendant by heart attack. Why was the conviction quashed on appeal?
Judge told the jury to consider the V’s heart condition however the robbers couldn’t have known about it. Furthermore, as the Ds did not cause any physical harm (fear is mental), there was no dangerous act.
In Watson, 2 Ds attack V after V discovers their attempted burglary. 90 minutes later, the police showed up to find V, dying of a heart attack. Why was the Ds’ conviction quashed and what did the court define as a dangerous act in this case?
It was too difficult to tell what caused the heart attack; the attack or the police entering loudly. However, causation aside, the court found that burglary can be classed a dangerous act if it was apparent that V is frail.
What are the three factors in element three of UDAM: ‘the unlawful and dangerous act must cause death’?
Factual causation
Legal causation
No intervening acts
Under element four of UDAM, to what degree must D have mens rea?
D only needs the mens rea for the unlawful act.
What is the case study for element four of UDAM: ‘d must have mens rea for the unlawful act’?
Newbury and Jones
Ds dropped a paving stone onto a moving train killing a guard. HL convicted the pair of UDAM.
What does GNM stand for?
Gross Negligence Manslaughter.
What is gross negligence manslaughter?
D owes V a duty of care but breaches it in a grossly negligent way leading to V’s death.
TRUE OR FALSE: GNM can only be committed as an omission.
False - In Evans, V was given heroin by her mother, resulting in her death and her mother’s conviction.
What are the six elements of GNM?
D must owe V a duty of care.
D breaches this duty.
There is serious and obvious risk of death at the time.
The risk was reasonably foreseeable at the time.
The breach caused V’s death.
The breach is so gross it is criminal (rather than civil).
What is the case study for element one of GNM: D must owe V a duty of care?
Donoghue v Stevenson - snail in ginger beer.
Adomako - anaesthetist failed to notice disconnected oxygen tube.
Singh - landlord failed to repair faults leading to gas fire.
TRUE OR FALSE: D owes V a duty of care even if d’s activity is illegal.
True - Affirmed in Wacker, where a lorry driver accidentally killed 58 illegal immigrants by starving them of oxygen.
What happened in the case of Evans, one of the case examples of GNM?
V was given heroin by her mother and half sister, causing her death by overdose. Mother and half sister had broke their special and voluntarily assumed relationships respectively by not calling the hospital.
What determines a breach of duty in GNM? Give a case example.
The accused must reach the standard of a reasonably competent equivalent person.
Adomako - anaesthetist failed to notice disconnected oxygen tube.
Bateman - Doctor did not send mother to hospital after home birth, leading to her death.
In GNM, risk of death must be serious and obvious at the time of breach. What does serious and obvious mean, and what case defines this?
Serious - more than minimal, not necessarily life threatening.
Obvious - present and unambiguous, requires no further investigation.
Broughton.
In GNM, the breach must cause d’s death. What are the three factors of causation?
Factual Causation - ‘but for test’
Legal Causation - ‘significant part in the death - Kimsey’
No Intervening Acts - bad medical care, egg shell skull, free will.
What decides whether the offence of GNM is criminal?
Negligence must be so gross that shows a disregard for human life (Bateman).
