Involuntary Manslaughter Cases

This is the cases that support my powerpoint on involuntary manslaughter :)

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  • Created on: 24-11-11 11:23
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1) FRANKLIN 1883 ­ D threw large box into the sea, box hit/killed a
swimmer. It was held that a civil wrong is not enough to create liability for
2) LAMB 1967 ­ Lamb & friend were fooling around with a revolver, knew it
was loaded lamb pulled the trigger and killed his friend. It was held that D
had not done an unlawful act as the pointing of gun was not an assault as
his friend did not fear any violence.
3) LOWE 1973 ­ D was convicted of wilfully neglecting his baby son. Trial
judge directed jury that if they found D guilty of wilful neglect he would also
be guilty of manslaughter. COA quashed D's conviction for manslaughter
because the finding of wilful neglect involved a failure to act which would
not support the conviction of U.A.M
4) KHAN 1998 ­ D's supplied V with heroin they knew she was a new user.
She injected herself but went into a coma, D's left and the next day she
was found dead. COA quashed their conviction for U.A.M as it wasn't an
U.A. they omitted to help her in the coma but that omission was not an act
for the purposes of U.A.M
5) LARKIN 1943 ­ shows the need for U.A and risk of some harm. D
threatened another man with an open cut throat razor in order to scare
him. V's wife tried to intervene & because she was drunk she fell onto the
open blade which killed her. On appeal conviction for U.A.M was held the
act of threatening the other man with the razor was technical assault.
6) MITCHELL 1983 ­ D tried to push his way into a queue at the post office,
a 72 year old man told him off for this. D punched the man causing him to
stagger backwards into an 89 year old lady. The women was knocked
over and later died of her injuries. D was convicted of U.A.M as he had
done an U.A by punching the man & the act was dangerous and likely to
injure another person & inadvertently caused the death of the woman.
7) GOODFELLOW 1986 as D set fire to his council flat so that they would
rehouse him. The fire burned out of control and his wife, son and a woman
died in the fire. He was convicted of U.A.M and appealed the COA upheld
the conviction because all elements were there.
8) DAWSON 1985 ­ convictions for manslaughter were quashed where 3
D's attempted to rob a petrol station. They were masked and armed with
pickaxe handles. The station manager managed to raise the alarm but
then dropped from a heart attack. Judge directed jury that `'harm'' is
either emotional/physical disturbance. The COA held that this was a
misdirection as `'emotional disturbance'' on its own was not enough to
amount harm.
9) WATSON 1989 ­ 2 D's threw a brick into a window and broke into a
house intending to steal property. A frail 89 year old man heard the noise

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and came to see. The 2 men abused him and left, 90mins later he died of
a heart attack. COA quashed conviction for manslaughter and stated the
act of burglary can be dangerous as soon as the old man's condition was
apparent to the reasonable man.
10) CATO 1978 ­ D & V each prepared an injection mixed of heroin and
water, both injected each other but V died. By D injecting V, D had
committed the U.A.…read more

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convicted of Manslaughter as they had voluntarily undertaken a duty of
care to care for their sister but failed to do so.
18) WILLOUGHBY 2005 the COA confirmed that D and V engaged in a
criminal activity and did not prevent D owing V a duty of care.…read more


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