Webcast Flashcards
What are the types of manslaughter?
Reckless manslaughter
Constructive manslaughter
Gross negligence manslaughter
What is involuntary manslaughter?
Where the AR of murder is present but the MR is not.
What are the four elements of constructive manslaughter?
An unlawful act, which is intentional, and dangerous and which causes death.
What is an unlawful act?
It is a criminal offence.
What is the test for dangerousness?
(Church) Objective test, based on the sober and reasonable man.
When does gross negligence manslaughter arise?
Where V’s death is caused by the D’s grossly negligent conduct. This conduct can be either an act or omission.
Which case defined the difference between gross negligence manslaughter and reckless manslaughter?
R v Adomako.
What are the elements of gross negligence manslaughter?
A duty of care, breach of that duty which causes death, the breach must involve a risk of death, and it must be grossly negligent (Adomako).
Give some examples of when a duty of care exists?
Doctor patient, parent child, employer employee.
What did the case of Bateman define?
That the law requires a fair and reasonable standard of care and competence. If he is a trainee doctor he will be expected to meet the standards of a reasonably competent qualified doctor.
What kind of crime is manslaughter?
A result crime so it must be proved that the D’s breach of duty caused V’s death.
What did R v Woollin decide?
That a foresight of a high probability of serious harm was not sufficient for murder. However, it will suffice for reckless manslaughter.
When was reckless manslaughter developed?
In the case of Lidar. D drove away from fight with V hanging off car, he was crushed under the wheels. Liable if you can foresee death as a highly probable consequence of your actions.
In the context of reckless manslaughter, what is the definition of reckless?
The D must foresee death or serious harm as highly probable.
What is the definition of reckless in the case of other offences?
D is reckless if he merely foresees the risk of the relevant consequence.
