Unit 3 - Involuntary Manslaughter

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  • Unit 3 - Involuntary Manslaughter
    • Unlawful Act Manslaughter
      • Element One: Unlawful Act - Unlawful act must be criminal, cannot be an omission, includes minor offences such as assault and criminal damage.
        • R V FRANKLIN the unlawful act must constitute a criminal offence, civil act is not sufficient
        • R v AROBIEKE - Must commit a criminal offence.
      • Element Two: Dangerous Act - The unlawful criminal act must be dangerous i.e likely to cause harm.
        • KEY CASE: R V CHURCH - "the unlawful act must be such as all sober and reasonable people would inevitably recognise must subject the other person to at least the risk of some harm"
        • R V LARKIN - "where the act in which a person is engaged in is unlawful, they if at the time it is a dangerous act that is an act which is likely to injure another person"
        • R V NEWBURY AND JONES - Objective test - There is no requirement that the D foresees that some harm will occur
        • R V DAWSON - Must be a risk of physical harm obvious to the reasonable man
        • R V DHAWALI - If D harms a partner causing physical and psychological harm that causes the victim to end their life D can be liable for manslaughter
      • Element Three: Causing Death - unlawful act must be the cause of death, with no new intervening cause. (Normal causation applies)
        • R V GOODFELLOW - Dangerous act may not be directed at a person but at a property.
        • DRUG DEATHS
          • R V CATO -
          • R V DALBY
          • R V KENNEDY
      • Element Four: Mens Rea - D must have the necessary mens rea for the unlawful act not the death.
        • R V CAREY & ORS
        • R V MEEKING
    • Gross Negligence Manslaughter
      • The essential elements of the offence are: (a) duty of care (b) breach of that duty (c) gross negligence (d) risk of death
        • Duty of Care - Standard rules apply. Act or omissions. Plus addition omission cases: Singh - Duty to maintain property - R v Kite: Voluntary Duty - Khan & Khan - duty to get medical attention - Wacker: Duty of care to those in criminal enterprise.
        • Breach - Normal rules apply: Blyth v Birmingham Waterworks
        • Gross Negligence - R V BATEMAN - R V ADOMAKO
        • Risk of Death
          • R V STONE & DOBINSON: There needed to be a risk to the health and welfare of the victim
          • BATEMAN: There needed to be a disregard for the life and safety of others.
          • MISRA: Confirmed the risk of death formula
    • Subjective Reckless Manslaughter
      • Subjective recklessness manslaughter exists as a third form of invol manslaughter
        • Actus Reus requires D to cause Vs death
        • Mens rea requires D to have foreseen a risk of death or a serious injury as at least highly probable
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