Revision Book Flashcards
What are the types of involuntary manslaughter?
Constructive, gross negligence and reckless.
What does involuntary manslaughter cover?
Situations where the D has caused death but does not satisfy the MR requirements for murder.
What are the elements of constructive manslaughter?
Was the D’s act unlawful
Was the unlawful act dangerous
Did it cause death
Name a case of an unlawful act for the purposes of constructive manslaughter and give details?
R v Lamb - D pointed gun at his friend not thinking there were bullets, he fired and shot him. You need to establish AR and MR for it to be an unlawful act. This was not unlawful.
Can you be guilty of constructive manslaughter by omission?
No, even if it is deliberate (R v Lowe - failed to call doctor for his baby and she died soon after. It requires a positive act.
Where can we find the test for dangerousness and what is it?
It is outlined in Church. The unlawful act must be one that all sober and reasonable people would realise there would be some harm to others. D does not need to realise that the act is dangerous (Newbury and Jones - throwing slab from bridge onto train).
Where is this quote stated?
Dangerousness in this context is not a high standard. All it requires is an act likely to injure the other person.
Attorney-Generals Reference No 3 of 1994
How do we work out if the unlawful act caused death?
Applying the ordinary rules of causation, in both fact and law.
What do we need to consider for gross negligence manslaughter?
Does the D have a duty towards the V
Is D in breach of that duty
Did the breach cause death
Should the conduct be characterised as criminal
Who has a duty of care?
Doctor patient, parent child, employer employee
How do we establish if there was a breach of duty?
If the breach is by poor performance you need to evaluate what D did and whether this fell short of what was expected of him (Adomako - anaesthetist failed to notice oxygen supply was disconnected). Draw attention to the facts that they have fallen below the standard required.
If someone has died in a question what must we look at first?
First look to murder and establish that they do not have the required MR and then look at which involuntary manslaughter it could be.
For gross negligence manslaughter how do we establish if the conduct is to be characterised as criminal?
Only if his conduct is so bad, palpably wrong (Jordan) this is a question of fact for the jury. Use these facts and decide if the jury would be sympathetic or inclined to convict.
