Involuntary Manslaughter Ch7 Y2 Flashcards
(17 cards)
what are the 2 types of involuntary manslaughter
Unlawful act
Gross Negligence
what are the 4 elements of unlawful act?
D commited a crime
the act must be objectively dangerous
the act must cause the death
D must have mens rea for the unlawful act
what case illustrates that a tort is not sufficient for unlawful act manslaughter?
R v Franklin
Can an Omission be used for unlawful act? + Case
No - R v Lowe
what is the test for if an act is dangerous? + Case
R v Church: reasonable person recognises the act would subject the other person to some harm, albeit not serious harm
What does R v Larkin illustrate?
that the crime has to reasonably entail harm to someone
does the act need to be aimed at the victim of the unlawfull act manslaughter? + case
no - R v Mitchell
what is the legal point in R v J M and S M?
that in unlawfull act, the particular harm need not be forseen, just some harm (by a reasonable person)
Can property offences be the unlawful act in U A manslaughter? + Case
yes, provided reasonable person thinks it would put someone at risk of harm. R v Goodfellow
What case illustrates that in UA Manslaughte, the harm should be assessed against the circumstances of the victim (geriatric fucks)
R v Watson
What case illustrates UA manslaughter from giving someone narcotics?
R v Kennedy
What case illustrates that in UA Manslaughter, D must have the mens rea for the Unlawful Act?
DPP v Newbury & Jones
What is the Principle case for Gross Negligence Manslaughter?
R v Adomako
What are the 5 Elements of GN Manslaughter?
- Duty of care owed from D to V
- act or omission in breach of the duty
- Serious and obvious risk of death
- causes death
- amounts to Gross Negligence
What is a definition of gross negligence? + Case
R v Bateman: Negligence surpasses a matter of mere compensation
what does R v Mirsa & Srivistava illustrate?
that in GN Manslaughter, there must be a risk of DEATH
What is the Mens Rea of GN Manslaughter?
None
