involuntary mansalughter Flashcards
gross negligence and unlawful act manslaughter (19 cards)
what is unlawful act manslaughter?
liability is built up from a lesser crime
UAM - what is needed to prove UAM?
- a positive act
- an unlawful act
- unlawful act should be dangerous
- positive act needs mens rea
- causation and a death
UAM - what can the positive act not be?
an omission
UAM - what can the unlawful act not be?
a tort
UAM - does the defendant need the MR for manslaughter and case?
no,
they need MR for the criminal act but they don’t need to intend the result
R v Lamb
UAM - what is the objective test for dangerous act?
the reasonable person must recognise that the act would cause the other person ‘some harm’ but the exact type of harm doesn’t need to be foreseen
UAM - principle from R v Church for dangerous act?
must be held that ‘such that all sober and reasonable people would inevitably recognise the risk of some harm, although not serious harm’
UAM - principle from R v JM and SM for dangerous act?
risk of emotional upset is not enough
UAM - principle from R v Goodfellow for dangerous act?
the dangerous act can be against property
UAM - principle from R v Dawson for dangerous act?
fear and apprehension is not enough
UAM - case for necessary MR?
DPP v Newbury
UAM - case for more than minimal cause?
R v Kimsey
UAM - cases for chain of causation cannot be broken?
R v Cato
R v Kennedy
GNM - what is the criteria for GNM from R v Adomako?
- duty of care
- breach of duty
- at the time of breach there was a serious and obvious risk of death
- reasonably foreseeable that the breach would arise to a serious and obvious risk of death
- the breach caused death of victim (FC and LC)
- were the D’s actions so grossly negligent they can be considered criminal
GNM - cases for duty of care?
precedent and statutory
doctor and patient - Bolam v Friern
driver and passenger - Nettleship v Weston
landlord and tenant - R v Singh
GMN - for breach what is the principle from R v Holloway?
would the reasonable man with the same skills have done the same thing in the same situation
GNM - principle from Nettleship v Weston
an unqualified person is held to the same standard as the completely competent person
GNM - principle from R v Bateman for were the D’s actions so grossly negligent?
such disregard for the life and safety of others as to amount to crime against the state deserving of punishment
GNM - principle from R v Broughton for the D’s actions being so grossly negligent?
the breach of duty must be so bad that it risked death not just health and safety of the victim
