Fatel Offences- Involuntary Manslaughter- CRIMINAL LAW (1)

Question 1

what is unlawful act manslaughter also known as

Answer 1

constructive manslaughter

Question 2

can the D be guilty of UAM even if they didn’t realise that death or injury may occur?

Answer 2

YES
liability for death is built up and constructed from several different elements which ultimately caused the Vs death.
.

Question 3

what are the 4 elements that a D must be proven for conviction are…

Answer 3

1) the D must do an unlawful act
2) that act must be dangerous on an objective test
3) the act must cause the death
4) the D must have the required mens rea for the unlawful act

Question 4

define civil wrong

Answer 4

a wrongful act by one person against another for which the other person may recover damages in a lawsuit

Question 5

what is an unlawful act

Answer 5

any action that violates the law or legal regulations

Question 6

what is the unlawful act cases

Answer 6

Franklin
Lowe

Question 7

what is the principle of Franklin

Answer 7

it was stated that the unlawful act must be a criminal offence, a civil wrong (tort) is not enough for the purpose of unlawful act manslaughter

decided a civil wrong was not enough

Question 8

what is the principle for Lowe

Answer 8

there must be a positive physical act.

an omission cannot create liability for unlawful act manslaughter

Question 9

give some examples of offences which are unlawful acts

Answer 9

arson
criminal damage
burglary

Question 10

what is a dangerous act

Answer 10

the unlawful act must be dangerous from an objective basis

Question 11

what is the church test

Answer 11

whether the unlawful act was likely to cause harm to someone

Question 12

what are the 5 cases for dangerous acts

Answer 12

1) Church (1966) - church test
2) Mitchell (1983) - transferred malice
3) Goodfellow (1986) - transferred malice from property to person
4) Dawson (1985) - apprehension is not enough
5) Watson (1989) - fragility, thin skull rule

Question 13

in church (1966) it was stated:

Answer 13

the sober and reasonable person would foresee that some harm might occur from the defendant’s actions, it does not have to be serious harm.

reasonable person test

this means in simple terms= they are an ordinary, sober person in the street, in the same situation as the D

Question 14

what is the principle for mitchell

Answer 14

The dangerous, unlawful act does not need to be aimed at the victim.

it can be aimed at another person and D’s men rea for their intended victim can transfer to their actual victim

Transferred malice

Question 15

what is the principle for Goodfellow

Answer 15

it was stated that the unlawful act does not need to be aimed at a person; it can be aimed at property as long as it carries the risk of causing some physical harm

malice does transfer from property to person in manslaughter but not in murder

Question 16

what is the principle for Dawson

Answer 16

something that causes fear and apprehension is not sufficient

this is the case even if it causes the victim to have a heart attack

thin skull rule didnt apply here

D was not guilty

Question 17

what is the principle of Watson

Answer 17

however in Watson it contradicted Dawson that where a reasonable person would be aware of the victims fragility and the risk of physical harm to him, then the D will be liable

It was obvious to the reasonable person that the V was old and frail as it was something that can be seen

D is guilty

Question 18

The unlawful act must cause the V’s death.

What are the 3 elements for causation

Answer 18

factual cause- but for test- Pagett
legal cause- more than a minimal cause- Kimsey
no intervening acts- medical treatment- jordan

Question 19

what happens if there is an intervening act which breaks the chain of causation?

Answer 19

the D cannot be liable for manslaughter

Question 20

what is the mens rea for unlawful act manslaughter

Answer 20

must have the intention for the unlawful act the D did.

it must be proved that the D had the mens rea for the unlawful act, but it is not necessary for the D themselves to realise that the act is unlawful or dangerous.

Question 21

what is the case and legal principle for mens rea for UAM

Answer 21

Newbury and Jones#

it must be proved that the D had the mens rea for the unlawful act, but it is not necessary for the D themselves to realise that the act is unlawful or dangerous.

Question 22

what is the A01 for UAM

Answer 22

1) unlawful act
- criminal act(not a civil wrong)- Franklin
- must be a positive act(cannot be an omission)- Lowe

2) unlawful act was dangerous
- church test
- does not have to be aimed at V- Mitchell
- can be aimed at property- Goodfellow
- must be physical harm- Dawson
- fragility- watson

3) D’s unlawful act caused the V’s death
- factual cause- pagett
- legal cause- kimsey
- intervening acts- medical treatment- jordan

4) mens rea
- D had the mens rea for the unlawful act
- does not have to realise his act was dangerous or foresee a risk of harm- Newbury and Jones

Question 23

what’s the other type of involuntary manslaughter

Answer 23

gross negligence manslaughter

Question 24

what is gross negligence manslaughter

Answer 24

committed where the D owes a duty of care but breaches a duty in a very negligent way, causing the death of the V

can be committed through an act or omission, yet neither must be unlawful

however unlawful act manslaughter cant be committed through an omission

Question 25

what is the leading case for gross negligence manslaughter

Answer 25

Broughton (2020) where the test for GNM was re-established and was appealed and now not guilty

Question 26

what is the test for gross negligence manslaughter

Answer 26

1) the D must owe a duty of care to the V 2) D must breach that duty of care 3) At the time of the breach, there must be a serious and obvious risk of death. 4) it must be reasonably foreseeable at the time that the breach gives rise to a serious and obvious risk of death 5) the breach must cause or significantly contribute to the death of the V 6) the jury must consider that the breach justifies criminal sanction A breach must be so gross and seriously disregard the life and safety of others

Question 27

what is the care to show D must owe a legal duty of care

Answer 27

Robinson where it was stated a duty of care can be established using evidence case law precedents

Question 28

what are the 6 examples of duty of care situations

Answer 28

1) a doctor owes a duty of care to their patients as shown in Adomake 2) a landlord owes a duty of care to their tenants as shown in Singh 3) a person owes a duty of care to their criminal co-conspirators as shown in Wacker 4) a parent owes a duty of care to their child as shown in Harris and Harris  5) a parent owes a duty of care if they have set in motion a chain of events as shown in Evans 6) a chef owes a duty of care to their customers as shown in the case R v Kuddus

Question 29

The lead case Broughton confirms what about the breach of duty of care

Answer 29

It must be proven that this breach caused, or significantly contributed to the death of the V did the d negligently do or fail to do something. can be a positive act or an omission

Question 30

what does Adomake state about the duty of care

Answer 30

a breach of duty will occur once the D's conduct falls bellow the standard of the reasonable person

Question 31

what does Broughton state about the risk of death

Answer 31

has established at the time of the D's breach of duty there must be a reasaonably foreseeable 'serious and obvious risk of death' for a successful GNM conviction

Question 32

what does the case R v Kuddus show about the risk of death

Answer 32

the courts should consider whether there is a serious and obvious risk of death based on the facts that the defendant knows at the time of the breach of duty

Question 33

what is the outcome of the case R v Kuddas

Answer 33

here there was not a reasonably foreseeable serious and obvious risk of death because Mr Kuddus did not know about the nut allergy at the time that he made and sent the meal to her

Question 34

what does Broughton show about the causes of death

Answer 34

if there is uncertainty surrounding causation then the D will not be guilty of GNM. Any uncertainties with causation must go in D's favour.

Question 35

what are the causation tests

Answer 35

1) must be the factual cause (but for test) (Pagett) 2) must be the legal cause (more than a minimal cause test) (kimsey) 3) must have no intervening acts (jordan for medical treatment)

Question 36

who decides if the conduct of the D was gross in all circumstances to amount to a criminal act or omission that deserves criminal sanction

Answer 36

the jury

Question 37

what does the word gross mean

Answer 37

the D's actions were so 'flagrant and atrocious', that their actions should amount to a crime

Question 38

the D's actions were so 'flagrant and atrocious', that their actions should amount to a crime what case shows this

Answer 38

R v Cornish (2016) here the actions of the D were not so gross that they would amount to a crime as they followed all of the correct procedures.

Question 39

what does Andrews v DPP state

Answer 39

Lord Atkins stated that a very high degree of negligence was needed "a criminal disregard for the life and safety of others" to satisfy this

Question 40

what's the difference between unlawful act manslaughter and gross negligence manslaughter

Answer 40

gross negligence must have a duty of care