Involuntary Manslaughter

Question 1

Definition of offence

Answer 1

An unlawful killing where D does not have the intention to kill/cause GBH

Question 2

What sentence does involuntary manslaughter carry

Answer 2

Discretionary life sentence

Question 3

What are the 3 ways of committing involuntary manslaughter

Answer 3

• unlawful act
• gross negligence
• subjective recklessness (not on course)

Question 4

What is another name for unlawful act man slaughter

Answer 4

Constructive manslaughter

Question 5

What are the elements of unlawful act manslaughter according to

Answer 5

LAMB

Question 6

what are the elements of unlawful act manslaughter according to lamb

Answer 6

• d must do an unlawful act
• the unlawful act was dangerous
• the unlawful act caused vs death
• d had the required mens tea for the unlawful act

Question 7

What must the unlawful act be under lamb

Answer 7

A crime

Question 8

Principle in lamb

Answer 8

• CA quashed conviction for unlawful act manslaughter because d had not done an unlawful act
• pointing gun was not an assault as v didn’t apprehend immediate and unlawful force

Question 9

Which case states that an omission is insufficient for unlawful act manslaughter

Answer 9

Lowe

Question 10

Lowe

Answer 10

• CA quashed conviction manslaughter

- finding of wilful neglect involved a failure to act and this could not create liability for unlawful act manslaughter

Question 11

Which case states that Ds unlawful act need not be aimed at v or even a person, it could be aimed at property

Answer 11

Goodfellow

Question 12

Goodfellow

Answer 12

• CA upheld conviction

- did unlawful act can he aimed at property

Question 13

What objective text is used to decide whether the unlawful act is dangerous

Answer 13

Church- it was held that a reasonable man must foresee a risk of some harm to another person resulting from the unlawful act

Question 14

Does it matter if d did not realise there was any risk of harm to another person

Answer 14

No

Question 15

When will the unlawful act be dangerous (frailty) and case

Answer 15

Where a reasonable man would be aware of vs frailty and the risk of physical harm by shock to him, then the unlawful act will he dangerous
WATSON

Question 16

Watson

Answer 16

• CA quashed convictions for unlawful act manslaughter
• problems with causation
• unlawful act of burglary because dangerous as soon as vs frail condition would have been apparent to reasonable man

Question 17

What must the unlawful act he in relation to vs death

Answer 17

Must be a cause in fact and law of Vs death

Question 18

When can d not be liable for unlawful act manslaughter

Answer 18

If there’s an intervening act which breaks the chain of causation

Question 19

When can d be convicted of unlawful act manslaughter in relation to drug offences and case

Answer 19

Where d injected v with the drug and v dies

D more than a minimal cause of death: CATO

Question 20

Where can d not he convicted of unlawful act manslaughter and case

Answer 20

Where d prepared injection and handed syringe to V, who then injected himself

D had not caused death

Chain of causation between ds supply and vs death broken by vs voluntary act of objecting himself: Kennedy

Question 21

What must finally be proved for unlawful act manslaughter

Answer 21

That d had the men’s tea for the unlawful act

Question 22

What is it not necessary for d to realise (men’s tea UDAM)

Answer 22

For d to realise that the act is unlawful/dangerous

DPP V NEWBURY

Question 23

DPP V NEWBURY

Answer 23

• HL upheld convictions for unlawful act manslaughter
• not necessary for ds to have foreseen any harm to another person from their act
• all that was needed was MR for unlawful act

Question 24

How is gross negligence manslaughter different from UDAM I

Answer 24

In that d must owe v a duty of care and then breach that duty in a very negligent way, causing vs fest

Question 25

How can GNM be committed

Answer 25

By act/omission which doesn’t have to be unlawful

Question 26

What is the leading case on GNM

Answer 26

ADOMAKO

Question 27

what are the elements of gross negligence manslaughter according to adomako

Answer 27

- d must owe duty of care - d, by act or omission, breached duty of care - ds negligence must have caused vs death - serious and obvious risk of death in circumstances - ds negligence gross

Question 28

Who is a duty of care owes to

Answer 28

Persons who are closely and directly affected by ds conduct that d ought to have them in contemplation when d acted/knitted to act: DONOGHUE AND STEVENSON

Question 29

What did ADOMAKO hold

Answer 29

Duty of care owed by doctor towards patient

Question 30

What did Andrews v DPP decide a duty of care was owed to

Answer 30

Motorist owe duty of care to other road users and pedestrians

Question 31

Principle in wacker

Answer 31

D knew safety of immigrants depended on his actions in relation to the vent Clearly assumed a duty of care Irrelevant that vs were parties to an illegal act and that no duty of care was owed in civil law

Question 32

Principle in Evans

Answer 32

D2 owed duty of care because she had contributed towards the creation of a state of affairs which she knew or ought reasonably to have known was life threatening

Question 33

Where will d have breached the duty of care

Answer 33

Where d fails to reach the standard of care expected of the reasonable person in the same circumstances: adomako

Question 34

What is expected where d holds themselves out as possessing a certain skill

Answer 34

A higher standard of care than that of the average person

Question 35

When will ds negligence not be a cause in fact and law of vs death (cannot be liable for GNM)

Answer 35

If there is an intervening act which breaks the chain of causation

Question 36

When will there be a serious and obvious risk of death and case

Answer 36

The circumstances must be such that a reasonable person would have foreseen a serious and obvious risk of death MISRA

Question 37

When will ds negligence be gross

Answer 37

If ds conduct was so bad in all the circumstances as to amount to a criminal act/omission ADOMAKO Jury must decide