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INVOLUNTARY MANSLAUGHTER.


There are 2 types of involuntary manslaughter

Unlawful act Manslaughter
Gross Negligence Manslaughter.



Involuntary Manslaughter is the unlawful killing of a human in being (AR of murder) without intending
to kill or cause GBH. (MR of murder).Being charged with Manslaughter recognizes that you are less
culpable than if…

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Lowe Defendant was convicted of willfully neglecting his baby son and of manslaughter. The Court
of Appeal quashed the conviction as willful neglect involved a failure to act and this could not support a
conviction for unlawful act manslaughter.

Mostly the unlawful act will be some kind of assault, but…

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The usual rules on intervening acts apply Things can break the chain so long as they are sufficiently
serious and independent of the defendant's actions

A natural but unforeseeable event.

Act of a 3rd party grossly negligent medical treatment (Jordan)

Victims own act if unforeseen (Robert/ Williams)

This can be…

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Neighbor principle Donoghue V Stevenson

Lord Atkin "you should take reasonable care to avoid any acts or omissions which you can reasonably
foresee are likely to affect your neighbor"

A duty of care can also be established by using the rules on omissions with the AR. A duty through
Assumption…

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Stone and Dobbinson risk to health and welfare of victim

Bateman Disregard for life and safety of others

Adomako risk of death.

Given the seriousness of the charge of manslaughter it would be seen fair that the test should be risk
of death. (R V MISRA R V Srivastava)

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