Involuntary Manslaughter

Question 1

What is involuntary manslaughter?

Answer 1

A situation where a defendant kills a victim without intending either death or grievous bodily harm.

Question 2

What must a defendant unlawfully do to be convicted of homicide?

Answer 2

Cause the death of a human being unlawfully.

Question 3

What distinguishes voluntary manslaughter from murder?

Answer 3

The presence of a partial defence, such as diminished responsibility or loss of control.

Question 4

What is unlawful act manslaughter also known as?

Answer 4

Unlawful and dangerous act manslaughter or constructive manslaughter.

Question 5

What are the three elements required for unlawful act manslaughter?

Answer 5

• Do an unlawful act
• That is dangerous
• Which causes the victim’s death.

Question 6

What type of crimes qualify as an unlawful act for manslaughter?

Answer 6

Crimes with a mens rea of intention or recklessness; negligence does not qualify.

Question 7

In the example of Solly and Benjy, what was the unlawful act?

Answer 7

Physical assault (the application of unlawful personal force).

Question 8

In the case of DPP v Newbury and Jones, what was the basis for the manslaughter conviction?

Answer 8

Criminal damage.

Question 9

What must the unlawful act be considered to be for it to lead to a manslaughter charge?

Answer 9

Dangerous.

Question 10

What is the test for dangerousness in unlawful act manslaughter?

Answer 10

Whether all sober and reasonable people would recognize it as carrying a risk of some harm.

Question 11

True or False: The defendant’s subjective belief about the risk of harm is relevant in determining dangerousness.

Answer 11

False.

Question 12

What must be proven regarding causation in unlawful act manslaughter?

Answer 12

That the unlawful act caused the victim’s death.

Question 13

What type of mens rea is required for unlawful act manslaughter?

Answer 13

The mens rea linked to the unlawful act, usually intention or recklessness.

Question 14

What is gross negligence manslaughter?

Answer 14

Manslaughter that occurs when a person’s negligence causes another’s death.

Question 15

What are the four key elements needed to convict someone of gross negligence manslaughter?

Answer 15

• Duty of care owed
• Breach of that duty
• Breach caused the death
• Conduct was grossly negligent.

Question 16

What is the standard of negligence required for gross negligence manslaughter?

Answer 16

The breach must be gross.

Question 17

What establishes a duty of care in a legal context?

Answer 17

Relationships such as parent-child, employer-employee, and driver-other road users.

Question 18

In the case of Olivia and Lydia, what duty of care was established?

Answer 18

Olivia owed a duty of care to Lydia after supplying her with heroin.

Question 19

What is the primary consideration for determining if a duty of care exists?

Answer 19

Whether there is evidence capable of establishing a duty

The Court of Appeal stated this in im 3365.

Question 20

In the case of Olivia and Lydia, why was Olivia held to owe a duty of care?

Answer 20

She created or contributed to a life-threatening situation

Olivia’s failure to seek medical help for Lydia after her overdose was a key factor.

Question 21

What must the prosecution prove regarding breach of duty?

Answer 21

The defendant breached their duty of care towards the victim

This can be through a positive act, omission, or negligent behavior.

Question 22

What principle was confirmed in R v Khan regarding manslaughter by gross negligence?

Answer 22

General principles regarding duties to act apply

A person can be liable for manslaughter by failing to act only if there was a duty to do so.

Question 23

What was the outcome of R v Evans?

Answer 23

The defendant was convicted of gross negligence manslaughter

This was due to her failure to seek help for her half-sister who overdosed.

Question 24

True or False: A person can be liable for gross negligence manslaughter for failing to act if there is no duty to act.

Answer 24

False

There must be a duty to act for liability to arise.

Question 25

What constitutes gross negligence?

Answer 25

Conduct that is sufficiently bad to justify a criminal penalty ## Footnote This is beyond ordinary negligence.

Question 26

In R v Adomako, what was the defendant's profession?

Answer 26

Anaesthetist ## Footnote The defendant was convicted for a breach of duty during an eye operation.

Question 27

What must the jury consider to determine if a breach of duty is grossly negligent?

Answer 27

Whether the conduct was so bad it amounts to a criminal act or omission ## Footnote This involves assessing the risk of death involved.

Question 28

Fill in the blank: To establish gross negligence manslaughter, a _______ of care must be owed.

Answer 28

[duty] ## Footnote This is the first element required for the offence.

Question 29

What is the maximum sentence for causing death by dangerous driving under the Road Traffic Act 1988?

Answer 29

14 years’ imprisonment ## Footnote This is less severe compared to gross negligence manslaughter.

Question 30

What is required to prove a charge under s 1 of the Road Traffic Act 1988?

Answer 30

Proof of dangerous driving and causation ## Footnote The death must be caused as a result of the dangerous driving.

Question 31

What differentiates the offence of causing death by dangerous driving from gross negligence manslaughter?

Answer 31

Causing death by dangerous driving requires driving a mechanically propelled vehicle ## Footnote Gross negligence manslaughter has a broader application.

Question 32

True or False: Gross negligence manslaughter requires proof of intention or recklessness.

Answer 32

False ## Footnote The defendant is punished for their negligence, not for a criminal state of mind.

Question 33

What does the test for gross negligence manslaughter involve according to R v Singh?

Answer 33

Foreseeing a serious and obvious risk of death ## Footnote This is essential to establish gross negligence.

Question 34

What must be shown regarding causation in gross negligence manslaughter?

Answer 34

The defendant's breach of duty caused the victim's death ## Footnote The usual rules of causation apply.

Question 35

List the elements that must be proved to establish gross negligence manslaughter.

Answer 35

* A duty of care was owed * The duty was breached * There was a risk of death * The breach caused death * The breach was grossly negligent ## Footnote These elements are crucial for establishing the offence.

Question 36

What is the maximum sentence for a conviction of gross negligence manslaughter?

Answer 36

Life imprisonment ## Footnote A conviction for gross negligence manslaughter can lead to a sentence of life imprisonment.

Question 37

What is required to prove a s 1 offence under the Road Traffic Act 1988?

Answer 37

No need to establish a risk of death ## Footnote Under the Adomako test for manslaughter by gross negligence, a risk of death must be established.

Question 38

How is 'dangerous' defined in s 2A(3) of the Road Traffic Act 1988?

Answer 38

In terms of danger of injury or serious damage to property ## Footnote There is no requirement for the reasonable person to fear that someone might be killed or seriously injured.

Question 39

What new offence was introduced by the Road Safety Act 2006?

Answer 39

Causing death by careless or inconsiderate driving ## Footnote This law was introduced to address concerns over lenient sentences for careless drivers.

Question 40

What is the maximum term of imprisonment for causing death by careless driving?

Answer 40

Five years ## Footnote Causing death by careless driving is classified as an either-way offence.

Question 41

What must be proven for a driver to be guilty of causing death by careless driving?

Answer 41

The driver must have caused the death by driving carelessly ## Footnote This involves a lack of due care and attention or reasonable consideration for others.

Question 42

What are the three proposed tiers of homicide offences according to the Law Commission's Report No 304?

Answer 42

* First degree murder * Second degree murder * Manslaughter ## Footnote The report suggested reforms to create a new Homicide Act for England and Wales.

Question 43

What constitutes first degree murder in the proposed three-tier structure?

Answer 43

Intent to kill or cause serious injury while aware of a serious risk of causing death ## Footnote This offence deals with the most serious situations of homicide.

Question 44

What is the key difference between unlawful act manslaughter and gross negligence manslaughter?

Answer 44

Unlawful act manslaughter requires a criminal state of mind, while gross negligence does not ## Footnote Unlawful act manslaughter cannot be committed negligently, whereas gross negligence manslaughter only requires negligence.

Question 45

What is the actus reus required for unlawful act manslaughter?

Answer 45

An unlawful act that is objectively dangerous ## Footnote The unlawful act must cause the death of the victim.

Question 46

Fill in the blank: To be liable for murder, the accused must cause the death of the victim with the intention to _______.

Answer 46

[kill or cause grievous bodily harm]

Question 47

True or False: A driver can be guilty of dangerous driving even if their actions do not cause a risk of death.

Answer 47

True ## Footnote Dangerous driving can be established based on the risk of injury or serious damage to property.

Question 48

What must the prosecution prove for Caspian to be liable for unlawful act manslaughter?

Answer 48

An unlawful act and that it was objectively dangerous ## Footnote Caspian's actions must cause Lola to apprehend unlawful force.

Question 49

What are the elements of gross negligence manslaughter?

Answer 49

Negligence causing death ## Footnote Gross negligence manslaughter may be committed by act or omission.

Question 50

What happens if the prosecution cannot establish the mens rea for murder?

Answer 50

The defendant may be liable for involuntary manslaughter ## Footnote This includes unlawful act manslaughter and gross negligence manslaughter.