Manslaughter - Main Cases

Question 1

R v Lamb

Answer 1

for unlawful act manslaughter, there must be an unlawful act

• here no assault could be proven so conviction was quashed

Question 2

DPP v Andrew

Answer 2

unlawful act for manslaughter must not be a crime of negligence - it has to be a positive act
- must be intention or at least reckless

Question 3

DPP v Newbury

Answer 3

whether the act was dangerous is a purely objective test

Question 4

R v Dawson

Answer 4

40yr old - wouldn’t suspect he would die of shock so not “dangerous”

Question 5

R v Church

Answer 5

dangerousness test - if a “sober and reasonable” person would recognise risk of “some harm” resulting, to is dangerous

Question 6

R v Watson

Answer 6

old man, would suspect he is frail and frightened

Question 7

R v Carey et all

Answer 7

17yr old; bystander would not suspect harm

Question 8

R v JM and SM

Answer 8

some harm requirement, bouncer, would suspect harm

Question 9

R v Admomoko [1995]

Answer 9

1) D owed a duty of care not to harm or a duty of care to assist another person
2) D did (or failed to do) something in breach of that duty
3) The breach of duty created an obvious risk of death (D did not himself have to foresee this possibility)
4) Breach of duty caused V’s death
5) D’s negligence was so gross as to merit criminal liability

Question 10

R v Sinclair, Johnson and Smith

Answer 10

‘i love that guy!’ - close personal friendship = duty of care

Question 11

R v Evans (CLOSE PERSONAL RELATIONSHIP)

Answer 11

drugs, not duty because sisters, but because she created/contributed to the dangerous situation and you know or ought reasonably to know that it has become life threatening = duty of care

Question 12

R v Evans (D has himself accidentally or otherwise caused the danger to V)

Answer 12

if you caused the dangerous situation you are under a duty to remedy it

Question 13

R v Pitwood

Answer 13

D has undertaken responsibility to safeguard a person or a certain group of people (i.e. in his profession) - in charge of railway crossing, duty to take care and stop cars but he didn’t

Question 14

R v Singh

Answer 14

in charge of the welfare of tenants, duty of care

he undertook a duty of care so he owes the duty

Question 15

R v Stone and Dobinson

Answer 15

started caring so owes a duty of care

Question 16

R v Sinclair, Johnson and Smith

Answer 16

half hearted acts of assistance is not duty of care

Question 17

R v Evans

Answer 17

for V to understand D has undertaken responsibility for him and relies on that undertaking, V doesn’t have to be informed, just aware

Question 18

R v Wacker

Answer 18

doesn’t matter that V was happy to be neglected

Question 19

R v Misra

Answer 19

routine operation, risk of injury and dying is very low - not obvious that the breach of duty was an obvious cause of death

Question 20

R v Misra (point 5 of admomoko)

Answer 20

uncertain scope does not violate art.7 of ECHR

Question 21

R v D

Answer 21

battered wife, can do husband for unlawful act or gross negligence

Question 22

R v Church

Answer 22

last act lacked mens rea because thought she was dead; held that it is viewed as one long sequence as long as the sequence can be connected - just needs mens rea at some point

Question 23

R v Le Brun

Answer 23

same as in Church -

- if he was repenting when dragging her back in then chain of events is broken but otherwise mens rea satisfies