Involuntary Manslaughter Flashcards
(31 cards)
Requirements of UAM
1) D committed an unlawful act,
2) That same act was also “dangerous”, and
3) It did in fact “cause” the death of V
UAM (1)
The Unlawful act must be a specific offence D has committed and could be convicted of
R v Lamb
No mens rea as no foresight of harm
R v Scarlett
No UA as was using reasonable force
UA (1)
The mens rea for the UA must be at least intention or recklessness, strict liability summary offences should use GNM - negligence not enough
DPP v Andrews
Didn’t know he was driving dangerously so no mens rea for UAM
UA (1)
UA must be an act rather than an omission
R v Lowe
Refused to give a child treatment. Neglect was UA. Not sufficient as was by omission
UA (2)
Only some harm needs be foreseeable
R v Church
Man hits a woman
UA (2)
Only some harm foreseeable, transferred malice applies
R v Mitchell
Push in a post-office queue
UA (2)
Foreseeable harm is tested objectively
DPP v Newbury
Dropped a rock on top of a train
UA (2)
Not dangerous bc very unlikely result of harm that could not be foreseen
R v Dawson
40 year old man dies of shock in armed robbery
UA (2)
Same offence may seem more likely to result in harm
R v Watson
Old person dies of shock
UA (2)
Chasing someone is apparently not dangerous
R v Carey et al
I disagree, she could have fallen over, run into traffic etc
UA (2)
Even if the chances of death are very unlikely if some harm is foreseeable then it’s UAM
R v JM and SM
Bouncer dies of shock after fight, harm form the fight foreseeable even if death isn’t
UA (2)
Substantial amount left to jury as to whether it would seem dangerous at outset for joint enterprise
R v Bristow
Group of criminals burgling a farm and owner gets hit by car
UA (3)
Previous causation tests apply
If D’s act remains an operative cause then he is liable
R v Cheshire
Requirements of GNM
1) D owed a duty of care
2) D breached that duty of care
3) D’s breach created an (objective) obvious risk of death
4) The breach caused V’s death
5) D’s negligence was so gross as to merit criminal liability
What case established the GNM requirements
R v Adomako
GNM (1)
May owe DofC bc D has a close personal relationship with V
May be friendship
R v Sinclair, Johnson and Smith
Said the deceased was like a brother to him
GNM (1)
May owe DofC bc D has a close personal relationship with V
May be family
R v Evans
GNM (1)
May owe DofC bc you created the danger
R v Evans
conflicts with R v Kennedy
GNM (1)
May owe DofC bc have undertaken responsibility to safeguard an individual or group
R v Pittwood
In charge of train crossing
R v Singh
Landlord doesn’t sort out Carbon monoxide poisoning
GNM (1)
May owe DofC bc V understands that D has undertaken responsibility for him/her
Looking after family members
R v Stone and Dobinson
Have very low IQs and accidentally starve elderly relative - anorexic and won’t eat and they can’t call a doctor
GNM (1)
May owe DofC bc V understands that D has undertaken responsibility for him/her
Started trying to help
R v Sinclair, Johnson and Smith
Started trying to make some kind of cocktail to help
Fairly half-hearted
GNM (1)
May owe DofC bc V understands that D has undertaken responsibility for him/her
V needs to be awake to understand thiis undertaking
R v Evans
DofC does not arise this way bc sister was unconscious
GNM (1)
May owe DofC bc V understands that D has undertaken responsibility for him/her
Doesn’t matter if V takes a risk, only that D failed to fulfill duty of care
R v Wacker
Transporting illegal immigrants, they die in his truck
GNM (3)
Risk of death must be obvious at time of breach, not in hindsight
R v Misra
Failed to treat obvious and dangerous symptoms
