Case Studies: Manslaughter 1

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  • Case Studies: Manslaughter 1
    • Act
      • R v Lowe (1973)
        • Appellant's child died from neglect
        • Judge directed jury: if D found guilty of neglect they must also be guilty of manslaughter- neglect is unlawful act
        • Convicted of neglect and manslaughter
        • Held: appeal allowed. For constructive manslaughter, there must be an unlawful 'act'
        • The offence could not be committed by omission
      • Unlawful
        • Lamb (1967)
          • lawful act not made unlawful by execution
        • R v Andrews (2003)
          • Strict liability can be unlawful act
    • Unlawful act must cause death
      • R v Adomako (1995)
        • Appellant failed to notice or respond to obvious signs of disconnection
        • Appellant was anesthetist in charge of patient during eye op. During op, oxygen tube became disconnected and patient died
        • Convicted of gross negligence manslaughter
        • CoA dismissed appeal
        • Held: conviction upheld
      • R v Winter (2010)
        • One D (Winter) deliberately obstructed and misled fire officers as to what was being stored onsite. He said the container contained wood, rather than fireworks
        • In the prosecution, attitude of D's at the scene of the fire was grossly negligent conduct because neither informed the fire service about the fireworks being stored
        • The other D (son) told the emergency service to evacuate and was so emphatic, was arrested for breach of peace
        • 2 D's storing fireworks without licence. Fire occurred and caused explosion, killing 2 members of fire service in attendance
        • However, still failed to tell fire service of the specific risks they were faced with
      • R v Misra (2005)
        • Lord Justice Judge: a Dr would be told that grossly negligent treatment of a patient which exposed them to the risk of death, and caused it, would constitute manslaughter
        • Appellants sought to challenge test of gross negligence manslaughter laid down in Adomoko
        • 2 appellant Drs convicted of gross negligence manslaughter following death of post-op patient under their care
        • Patient developed infection in wound (undiagnosed) and therefore untreated despite obvious symptoms

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