INVOLUNTARY MANSLAUGHTER mindmap LAW 03

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  • Created on: 26-02-18 23:09
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  • INVOL. MANS.
    • Unlawful Dangerous Act Manslaughter (UDAM)
      • Actus Reus: An unlawful act, that was dangerous,  causing death
        • Unlawful Act
          • The act itself must be criminal FRANKLIN 1883
          • Unlawful acts include assault, battery, criminal damage, arson
          • If an assault or battery is established, no valid defence that defendant did now want to injure victim LARKIN
          • No unlawful act = no unlawful dangerous act manslaughter AROBIEKE
        • That was Dangerous
          • Objective test, would reasonable man see risk of physical harm from defendant's actions CHURCH
          • Defendant does not have to know act was unlawful NEWBURY & JONES
          • Reasonable man only knows as much as defendant did at time of killing DAWSON
          • Act can be committed indirectly
          • Even if death is partly due to medical condition, defendant will still be guilty LYNCH
        • Causing Death
          • Must be a significant cause
          • Any intervening act must be significantly independent of defendant's act to break chain
          • Only needs to make a substantial contribution SHOHID
          • No fresh intervening cause between act and death GOODFELLOW
      • Mens Rea: the mens rea for the unlawful act committed
        • Only mens rea required is for the unlawful act LARKIN
        • Defendant does not have to foresee any harm at all NEWBURY v JONES
        • Transferred malice MITCHELL
      • Drugs
        • Victim themselves break chain if they self inject DALBY
        • Supplier of drugs is not guilty KENNEDY
        • If defendant injects victim, they are guilty CATO
        • Self injection breaks chain, defendant is not guilty DIAS
      • Series of Unlawful Acts
        • If original act was intentional, guilty if death caused by sequence of events LE BRRUN
    • Gross Negligent Manslaughter (GNM)
      • When a person dies due to the negligence of the defendant
      • Actus Reus: Death resulting from a negligent act
      • Mens Rea: Defendant's grossly negligent behaviour
      • Unlawful act or omission done so badly it results in death
      • Jury decides if negligence is bad enough to be criminal
      • ADOMAKO 1995
        • Existence of a Duty of Care
          • Owe a duty of care to neighbours DONGHUE v STEVENSON
          • Neighbour = anybody likely to be affected by acts of omissions
          • Owe a duty of care to others in criminal enterprise WILLOUGHBY
          • If create state of affairs they know are life threatening have duty of care EVANS
          • Voluntary intervention creates duty of care if there is prior friendship, control over environment, or some prior involvement EVANS
        • Breach of that Duty
          • Caused by act or omission
          • Statutory omission ROAD TRAFFIC ACT 1988
          • Duty under contract to act ADOMAKO
          • Family relationship GIBBINS v PROCTOR
          • Voluntary assumed responsibility STONE & DOBINSON
          • Status or position DYTHAM
          • Dangerous situation caused and failed to be put right MILLER
          • Judged by standard of reasonable person performing activity involved HOLLOWAY
          • Reasonable man must see risk of death from breach LITCHFIELD
        • Causing Death
          • Factual and legal cause
          • If caused by omission, use MISRA
          • Prosecution must prove it highly probable that if defendant had done something, victim would have survived MISRA
          • If chain of causation is broken, both parties can still be implicated
        • Which must be serious enough for the jury to consider it to be grossly negligent
          • Objective test decided by the jury FINLAY
          • Beyond a matter of mere compensation BATEMAN
          • 2 part test to decide if grossly negligent
          • Conduct must be so bad to amount to criminal act or omission ADOMAKO
          • Reasonable man must see risk of death from act or omission MISRA
    • Where a killing takes place but there is no mens rea for murder

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