Unit 4 - Involuntary Manslaughter and The Defence of Intoxication

Question 1

In different situations of Voluntaryness and intent how does the defence of intoxication.

Answer 1

Specific Intent - this requires nothing less than intention so into Is available (voluntary or involuntary)

Basic Intent - (VOL) - never available, (IN VOL) - for non dangerous substances that had an unpredictable effect can use

Question 2

what are the two driving offences ?

Answer 2

Causing death by (1) careless S20 RTA 1988 or (2) dangerous driving S1 RTA 1988

Question 3

what are the two kinds of involuntary manslaughter ?

Answer 3

Unlawful act and Gross negligence

Question 4

What is required for gross negligence manslaughter?

Answer 4

must establish negligence (duty, breach, causation) and then establish this caused the AR of murder

can be an omission

Question 5

What is required of unlawful act manslaughter ?

Answer 5

AR - of murder
the MR - of an any other criminal offence - not an omission

the act must also have been dangerous and they must have reasonably been able to tell that it was going to be risky