Involuntary Manslaughter Flashcards
3 Types of Involuntary Manslaughter
Gross Negligence Manslaughter
Unlawful and Dangerous Act Manslaughter
Subjectively Reckless Manslaughter
Elements of Gross Negligence Manslaughter
D owed a duty of care to V
D breached that duty of care
The negligence was gross
D’s negligence caused death
This is also the Actus reus of GNM
GNM - Examples of duty of care
Doctor - Patient
Parents - Children
Teacher - Pupil
Leading cases of Gross Negligence Manslaughter
Bateman [1925] - Disregard life and safety of others
Negligence was gross
Adomako [1994] - Anaesthetist failed to notice oxygen
Exercising special skill relevant to breach
When deciding grossness of breach what should you consider
How far below the standards of a reasonable person did D fail
Did D foresee the risk of death
Motives behind D’s conduct
Was D exercising a special skill relevant to breach
GNM - Elements of case of Singh [1999]
D’s conduct must have involved a serious risk of death which would have been obvious to a reasonable person
GNM - Elements of case of Misra [2004]
Is breach gross
A question of fact for the jury not the judge
GNM - Elements of case of Mark [2004]
Specialist job
Storage tank
Does Gross Negligence Manslaughter require Mens Rea
Non state of mind
Can be convicted without mens rea
Define Unlawful and Dangerous Act Manslaughter
D’s liability constructed from lesser offence
i.e pushing someone who then falls and hits head and dies. No mens rea for murder
Elements for UDAM
A-Gs Reference [1997]
D does an unlawful act
The act amounts to a crime
The act is a dangerous one
The act causes death
Leading case of UDAM
Church [1966]
Taunted impotence
Court relied on Thabo Meli [1954] principle
