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Law > Involuntary Manslaughter > Flashcards

Involuntary Manslaughter Flashcards

1
Q

Definition of offence

A

An unlawful killing where D does not have the intention to kill/cause GBH

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2
Q

What sentence does involuntary manslaughter carry

A

Discretionary life sentence

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3
Q

What are the 3 ways of committing involuntary manslaughter

A
  • unlawful act
  • gross negligence
  • subjective recklessness (not on course)
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4
Q

What is another name for unlawful act man slaughter

A

Constructive manslaughter

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5
Q

What are the elements of unlawful act manslaughter according to

A

LAMB

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6
Q

what are the elements of unlawful act manslaughter according to lamb

A
  • d must do an unlawful act
  • the unlawful act was dangerous
  • the unlawful act caused vs death
  • d had the required mens tea for the unlawful act
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7
Q

What must the unlawful act be under lamb

A

A crime

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8
Q

Principle in lamb

A
  • CA quashed conviction for unlawful act manslaughter because d had not done an unlawful act
  • pointing gun was not an assault as v didn’t apprehend immediate and unlawful force
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9
Q

Which case states that an omission is insufficient for unlawful act manslaughter

A

Lowe

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10
Q

Lowe

A
  • CA quashed conviction manslaughter

- finding of wilful neglect involved a failure to act and this could not create liability for unlawful act manslaughter

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11
Q

Which case states that Ds unlawful act need not be aimed at v or even a person, it could be aimed at property

A

Goodfellow

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12
Q

Goodfellow

A
  • CA upheld conviction

- did unlawful act can he aimed at property

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13
Q

What objective text is used to decide whether the unlawful act is dangerous

A

Church- it was held that a reasonable man must foresee a risk of some harm to another person resulting from the unlawful act

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14
Q

Does it matter if d did not realise there was any risk of harm to another person

A

No

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15
Q

When will the unlawful act be dangerous (frailty) and case

A

Where a reasonable man would be aware of vs frailty and the risk of physical harm by shock to him, then the unlawful act will he dangerous
WATSON

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16
Q

Watson

A
  • CA quashed convictions for unlawful act manslaughter
  • problems with causation
  • unlawful act of burglary because dangerous as soon as vs frail condition would have been apparent to reasonable man
17
Q

What must the unlawful act he in relation to vs death

A

Must be a cause in fact and law of Vs death

18
Q

When can d not be liable for unlawful act manslaughter

A

If there’s an intervening act which breaks the chain of causation

19
Q

When can d be convicted of unlawful act manslaughter in relation to drug offences and case

A

Where d injected v with the drug and v dies

D more than a minimal cause of death: CATO

20
Q

Where can d not he convicted of unlawful act manslaughter and case

A

Where d prepared injection and handed syringe to V, who then injected himself

D had not caused death

Chain of causation between ds supply and vs death broken by vs voluntary act of objecting himself: Kennedy

21
Q

What must finally be proved for unlawful act manslaughter

A

That d had the men’s tea for the unlawful act

22
Q

What is it not necessary for d to realise (men’s tea UDAM)

A

For d to realise that the act is unlawful/dangerous

DPP V NEWBURY

23
Q

DPP V NEWBURY

A
  • HL upheld convictions for unlawful act manslaughter
  • not necessary for ds to have foreseen any harm to another person from their act
  • all that was needed was MR for unlawful act
24
Q

How is gross negligence manslaughter different from UDAM I

A

In that d must owe v a duty of care and then breach that duty in a very negligent way, causing vs fest

25
Q

How can GNM be committed

A

By act/omission which doesn’t have to be unlawful

26
Q

What is the leading case on GNM

A

ADOMAKO

27
Q

what are the elements of gross negligence manslaughter according to adomako

A
  • d must owe duty of care
  • d, by act or omission, breached duty of care
  • ds negligence must have caused vs death
  • serious and obvious risk of death in circumstances
  • ds negligence gross
28
Q

Who is a duty of care owes to

A

Persons who are closely and directly affected by ds conduct that d ought to have them in contemplation when d acted/knitted to act: DONOGHUE AND STEVENSON

29
Q

What did ADOMAKO hold

A

Duty of care owed by doctor towards patient

30
Q

What did Andrews v DPP decide a duty of care was owed to

A

Motorist owe duty of care to other road users and pedestrians

31
Q

Principle in wacker

A

D knew safety of immigrants depended on his actions in relation to the vent

Clearly assumed a duty of care

Irrelevant that vs were parties to an illegal act and that no duty of care was owed in civil law

32
Q

Principle in Evans

A

D2 owed duty of care because she had contributed towards the creation of a state of affairs which she knew or ought reasonably to have known was life threatening

33
Q

Where will d have breached the duty of care

A

Where d fails to reach the standard of care expected of the reasonable person in the same circumstances: adomako

34
Q

What is expected where d holds themselves out as possessing a certain skill

A

A higher standard of care than that of the average person

35
Q

When will ds negligence not be a cause in fact and law of vs death (cannot be liable for GNM)

A

If there is an intervening act which breaks the chain of causation

36
Q

When will there be a serious and obvious risk of death and case

A

The circumstances must be such that a reasonable person would have foreseen a serious and obvious risk of death MISRA

37
Q

When will ds negligence be gross

A

If ds conduct was so bad in all the circumstances as to amount to a criminal act/omission ADOMAKO

Jury must decide

Law (39 decks)

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