Manslaughter

Question 1

What legislation governs manslaughter

Answer 1

Section 5 of the Offences against the person act

Question 2

Section 5 of the Offences against the person act

Answer 2

Anyone convicted of manslaughter may be punished by up to life imprisonment

Question 3

Whats the actus reus of manslaughter

Answer 3

Unlawful killing
Any iunjustifiable killings of adult and children that are not murder

Question 4

What are the 2 types of manslaughter

Answer 4

1. Voluntary manslaughter
   2, Involuntary manslaughter

Question 5

When will it be considered voluntay manslaughter

Answer 5

An unlawful killing will be manslaughter rather than murder if:

The accused used excessive force in self-defence, defence of another, property, or to stop a crime, but honestly believed it was necessary.

The accused lost self-control suddenly and temporarily due to provocation.

The accused successfully claims diminished responsibility.

Question 6

What are the three types of involuntary manslaughter

Answer 6

1. Assault manslaughter
2. Criminal and Dangerous Act manslaughter
3. Criminal Negligence manslaughter

Question 7

What is assault manslaughter

Answer 7

An act done with the intent of causing physcial harm that results in death

Only intent for minor harm is required

Question 8

What are the cases on assault manslaughter

Answer 8

R v Wild

R v Holzer

Question 9

R v Wild

Answer 9

Facts: Guest of the defendant overstayed their welcome.
While trying to get him to leave the def kicked him which resulted in his death.
Def didnt intend real harm

Held: The act was unjustifiable
Manslaigjter was upheld

Kicking someone is not an accptable way to ask someone to leave their home

Question 10

r v Holzer

Answer 10

Facts: Accused had punched the deceased and caused him to fall and bang his head on the ground.
Evidence showed that the accused only wanted to bruise or cur the victims lip

Held; Intended injury does nto need to be a serious injury.

If it was inteded to be a serious injury we would be in the realm of murder

The injury intended may be minor in character but it must not be just trivial or negligible

Question 11

What is criminal and dangerous act manslaughter

Answer 11

If a person commits a crime causing anothers death they will be guilty of manslaughter if:

1. The crime was objectively dangerous
2. He intended to commit the crime

Question 12

What is the most common type of crime that causes death

Answer 12

Assault

Question 13

What are the cases on criminal and dangerous act manslaughter?

Answer 13

r v Holzer

AG v Crosbie and Meehan

R v Larkin

DPP v Horgan

Question 14

r v Holzer

Answer 14

A person can be guilty if a reasonable person in their position would have known their actions risked serious injury, and the person intended to commit the unlawful act.

Question 15

AG v Crosbie and Meehan

Answer 15

Facts: During a crowded brawl, Crosbie pulled out a knife, claiming it was to defend himself against multiple attackers. In the process, he fatally stabbed someone.

Holding: The Court held that producing a knife to intimidate, rather than in self-defense, is an unlawful act.
Manslaughter requires the act causing death to be both unlawful and objectively dangerous, regardless of the accused’s personal belief about the danger.

Question 16

R v LArkin

Answer 16

Where the act the person is engaging in is unlawful and at the same time dangerous and likely to injure someone else, and the person causes the death of another person by that act, they are guilty of manslaughter.

Manslaughter doesnt ask whether the perosn aimed to do serious injurty, its whether thei deliberate doing of their act that was unlawful was objectively judged as dangerous

Question 17

DPP v Horgan

Answer 17

Manslaughter during the course of a rape constituted an unlawful and dangerous act manslaughter

Question 18

Whats different about criminal negligence in criminal law

Answer 18

A much higher standard is required than the civil standard

Question 19

What are the main cases on criminal negligence manslaughter

Answer 19

DPP v Dunleavy

DPP v Cullagh

R v Adomako

Question 20

DPP v Dunleavy

Answer 20

DPP v Dunleavy (1948)

Facts: A taxi driver was convicted of grossly negligent manslaughter of a cyclist. He had been driving on the wrong side of the road and without adequate lights on his vehicle.

Held: Negligence must be of a very high degree. The standard is that of a ‘reasonable driver,’ but for manslaughter, fatal negligence must involve a high degree of risk or likelihood of substantial personal injury to others.

Question 21

DPP v Cullagh

Answer 21

DPP v Cullagh (1999)

Facts: The defendant owned and operated a funfair. A girl was killed after she fell from a chair that became detached from a rusty, old ride. The defendant appealed his manslaughter conviction unsuccessfully.

Held: This form of manslaughter is rare and complex. The court held that whether the defendant had failed in his duty so as to be criminally liable was a matter of degree. There was sufficient evidence to sustain the manslaughter verdict.

Question 22

R v Adomako

Answer 22

Facts: The defendant was an anaesthetist. During an operation, he failed to notice that the supply of oxygen to the patient had become disconnected for six minutes. When he noticed the problem, he only checked the equipment and not the actual tube. The victim died as a result.

Issue: Having regard to the risk of death involved, was the defendant’s conduct so bad as to constitute a criminal act/omission?

Held (3-step test):

Did the defendant breach the victim’s duty of care?

If so, had the breach caused the victim’s death?

If so, could it be characterised as gross negligence and therefore a crime?

Conclusion: The doctor breached the duty of care of a competent doctor and as a result, it was considered gross negligence.

Question 23

What are the relevant sections of the Road Traffic Act?

Answer 23

Sections 52 and 53, Road Traffic Act 1961

Question 24

Sections 52 a

Answer 24

Section 52, Road Traffic Act 1961 (as amended 2011):

Creates the offence of careless driving: driving without due care and attention.

Penalty: fine; if careless driving causes death or serious bodily harm, sentence up to 2 years and fine up to €10,000.

Question 25

Section 53

Answer 25

Creates the offence of dangerous driving: driving in a manner dangerous to the public, considering vehicle condition, location, traffic, and other circumstances. Penalty: up to 6 months imprisonment and fine; if causing death or serious bodily harm, up to 10 years imprisonment and €20,000 fine. Not a defence to prove adherence to the speed limit alone.

Question 26

Case on Drivng

Answer 26

AG v Quinlan

Question 27

AG v Quinlan

Answer 27

dangerous driving is defined as driving in a way that a reasonably prudent motorist would recognize as creating a direct and serious risk of harm to the public. Death resulting from dangerous driving does not automatically equate to manslaughter by criminal negligence, because the standard of negligence for manslaughter is higher.