Unit 4 - Involuntary Manslaughter and the Defence of Intoxication

Question 1

Unlawful Act Manslaughter Actus Reus

Answer 1

Defendant must do an unlawful act which is dangerous and causes the victim’s death

Question 2

Unlawful Act Manslaughter Mens Rea

Answer 2

The mens rea for the relevant unlawful act

Question 3

Gross Negligence Manslaughter Actus Reus

Answer 3

1. Defendant owes a duty of care to the victim
2. Defendant breaches that duty
3. Breach carries risk of death
4. Breach causes victim’s death
5. Breach amounts to gross negligence

Question 4

Gross Negligence Manslaughter Mens Rea

Answer 4

No mens rea since this is a negligence-based offence

Question 5

Voluntary Intoxication Defence

Answer 5

1. Only applies to specific intent crimes (ie murder)
2. Defendant must also lack the mens rea

Question 6

Involuntary Intoxication Defence

Answer 6

1. Applies to basic intent and specific intent offences
2. Defendant must also lack the mens rea