Involuntary Manslaughter (need to finish Reforms)

Question 1

What are the two ways of committing involuntary manslaughter?

Answer 1

Unlawful Act Manslaughter (UAM)

Gross Negligence Manslaughter (GNM)

Question 2

What are the main elements that must be present for it to be Involuntary Manslaughter (UAM)?

Answer 2

• Unlawful act
• Dangerous Act on objective test
• Causes death
• D must have required MR for the unlawful act

Question 3

What is not enough for it to be involuntary manslaughter?

Answer 3

• Civil Tort is not enough

- Omission is not enough

Question 4

What cases show what is considered involuntary manslaughter? (UAM)

Answer 4

R v Goodfellow (Arson)
DPP v Newbury and Jones (Criminal damage).
R v Watson (Burglary)

Question 5

What must be found in the objective test?

Answer 5

The act must be dangerous and if a sober and reasonable person recognises some harm relating to the risk, then the test is satisfied.

Question 6

UAM: Risk of harm

Answer 6

• Must refer to physical harm.
• Something which causes fear is not sufficient.
• Where a reasonable person would be aware of V’s frailty and risk of harm then D is liable

Question 7

What is the required MR? (Case) (UAM)

Answer 7

It’s not necessary for the defendant to realise the act is either dangerous or unlawful. (DPP v Newbury & Jones)

Question 8

What happens if there is an intervening act in UAM?

Answer 8

If there is an intervening act breaking the chain of causation, then D cannot be liable for manslaughter.

Question 9

What happens when supplying or injecting drugs causing death in terms of UAM?

Answer 9

Supplying the drug but not injecting it in someone isn’t UAM (R v Kennedy)
Injecting the drug into somebody else is UAM (R v Cato)

Question 10

What is Gross Negligence Manslaughter (GNM)?

Answer 10

When D owes the victim a duty of care but breaches it in such a serious way that the victim dies. (R v Adomako)

Question 11

What are the main elements of GNM?

Answer 11

• Duty of care
• Breach of duty
• Gross negligence
• Risk of death

Question 12

What tests for breach in duty of care in GNM

Answer 12

Caparo Test.

Question 13

Where can duty of care be found?

Answer 13

Where D has created a state of affairs.

D owes a duty because of relationship with victim.

Question 14

GNM: What does creating a state of affairs mean?

Answer 14

This is when D creates a situation where a duty of care will exist.

Question 15

In GNM what can risk of death be substituted by? Risk of…

Answer 15

Risk of the ‘health and welfare’ of the victim