Involuntary Manslaughter Flashcards
(10 cards)
Explain how the actus reus of involuntary manslaughter is different from that of murder
Murder requires an intention to kill or to cause grievous bodily harm, whereas involuntary manslaughter does not state what the required mens rea is
What are the two types of involuntary manslaughter?
Unlawful and dangerous act manslaughter and gross negligence manslaughter
R v Lowe
D’s child died from neglect - his appeal was allowed as they had only been an omission.
R v Franklin
D threw a box into the sea from Brighton pier- it was a civil act rather than criminal
R v Church?
V mocked and slapped D which lead to a fight breaking out, D believed he had killed her and disposed of her body, which actually killed her
Why were the convictions quashed in R v Dawson?
The defendants were not aware of the petrol station clerk’s heart condition and they wouldn’t have known
Why was the conviction upheld in R v Watson
The defendant would have understood the age and frail condition of the victim
What is the definition of gross negligence manslaughter?
it requires
- a duty of care
- a gross negligence breach of duty
- a risk of death
Why was the defendant in this case convicted of gross negligence manslaughter? (R v Adomako)
The defendant failed to notice or respond to obvious signs of disconnection and failed to carry out his duty of care
What is the subjective test favoured by the Court of Appeal regarding risk of death?
The defendant must have recognised and appreciated the risk they were taking
