Manslaughter Flashcards
What are the components of unlawful act manslaughter?
DPP v Newbury and Jones (1977)
1) D must intentionally do an act
2) the act must be unlawful
3) the act must be dangerous
4) the act must cause death
does unlawful act manslaughter require intention?
No, there is no need for intention to kill or foreseeing a risk. The only subjective element is that of the mens rea for the unlawful act itself.
What is the test for dangerousness?
Established in Church (1966) - the reasonable person must view the act as dangerous - was the consequence of D’s action foreseeable to the reasonable and sober person?
What does Dawson (1985) establish?
Dawson (1985) - sets that the reasonable man in Church is to have the same knowledge as D at the time of the act.
What case counters Dawson (1985)?
Watson (1989) - D burgled house, V died of heart attack, sober and reasonable person would deem the act to cause some harm to V. D guilty.
What does Goodfellow (1986) establish?
D set fire to council house. Vs died. D didn’t intend to kill them. Shows that an act does not need to be directed towards the victim.
What does Kennedy No2 (2007) establish?
That a drug dealer cannot be guilty of unlawful act manslaughter due to the free and voluntary act of the victim breaks the chain of causation. However, if the D aided the V in the administration, they may well be guilty (Obiter from kennedy).
What does Cato (1976) establish?
Injecting V with heroin amounts to unlawful act manslaughter.
What is Gross Negligence Manslaughter?
Occurs when D causes the death of V through a breach of a duty of care owed to V. D’s breach must be grossly negligent.
What are the elements of Gross Negligence Manslaughter?
Adomako (1995)
1) D owed V a duty of care
2) D breached said duty of care
3) The breach caused V’s death
4) D’s Conduct was grossly negligent
What are the elements of the duty of care under Gross Negligence Manslaughter?
1) Established categories such as parent/child, doctor/patient
2) The reasonable foreseeability that V would be harmed;
a) the proximity of the relationship
b) whether it would be fair, just and reasonable to impose a duty
What is subjectively reckless manslaughter?
Lidar (1999) - D can be convicted of manslaughter if they recognise that death or serious injury is highly probable to occur, but take the risk anyway.
What is Diminished Responsibility?
Section 52 of the Coroners and Justice Act 2009
It’s a partial defence to murder. Consists of these components:
1) D’s abnormality of mental function must arise from a ‘recognised medical condition’
2) It must substantially impair D’s ability to understand the nature of their conduct, form rational thought or exercise self control
3) The abnormality must explain D’s conduct.
What Does the case of Lamb (1967) show?
D shot and killed V. D didn’t know the gun was loaded. Unlawful Act manslaughter requires proof of criminal offence. D lacked mens rea for assault, could not be convicted.
