Manslaughter Flashcards
What is the first step in answering a question about Unlawful and Dangerous Act (UDA) manslaughter
Identifying UDA as the potential charge
What is the source of UDA?
It is a common law offence, so not included in any Act of Parliament
What is the AR of manslaughter?
The D must be committing an unlawful act which could be considered dangerous which caused the death of the V
What did Lamb state?
That the act must be unlawful/ a crime.
As the victim had a gun pointed at them, but they both didn’t think it was loaded but the V got shot and died. But there was no apprehension of violence, so there was no unlawful act committed.
What did Church state?
That the action taken must be considered dangerous or have an element of danger ot it.
What needs to be established?
Causation, go to the flash cards on it
What are the 3 types of MR?
Direct, indirect and recklessness, go to the flash cards on it.
What is the MR for UDA?
D must have the MR for the unlawful act committed. For instance have the intention to inflict serious harm - GBH etc
Applying UDA
look on fatal offences PowerPoint for an example
What is an issue with UDA? with 2 overlapping/contradicting cases.
How drugs apply to the “act must cause the death”
Cato - If a dealer administers the drug then they are liable
Kennedy - If the drugs are self-administered the dealer is not liable
What is the first step when using Gross Negligence Manslaughter (GNM)?
Identifying GNM as the potential charge
What is the source of GNM?
It is a common law offence, not in any acts of parliament
What are the requirements for GNM?
- There must be a duty a care involved.
- A breach of a duty of care must have caused a death.
- The negligence is so gross it is criminal.
- The risk must be related to death
What did Adamako rule?
That D must owe teh victim a duty of care, which had been broken which resulted in a death.
What did Misra state?
That the breach must have carried a risk of death. The breach must have been so gross (serious) that it is considered a crime. So the breach must have caused the death.
