Case Studies: Manslaughter 1
- Created by: Alex.Byrne
- Created on: 27-05-18 11:42
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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
- Lamb (1967)
- R v Lowe (1973)
- 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
- R v Adomako (1995)
- Act
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