Involuntary Manslaughter

  • Created by: 10dhall
  • Created on: 06-06-17 21:40
What is unlawful act (constructive) manslaughter?
It is an unlawful killing when someone lacks the mens rea of murder
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What must there be to commit constructive manslaughter?
An unlawful act (omission is not enough) which must be dangerous, and it must cause death, right level of mens rea, act must be dangerous and a crime
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What is a case where issues of the risk of harm were raised?
R v Goodfellow
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What are cases in relation to unlawful act manslaughter?
R v Fenton (threw stones into a mine shaft which caused scaffolding to collapse; killing people. R v Lamb (boys playing with revolves, accident)
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What is a case stating that the act must be unlawful?
R v Watson (broke into an old mans house which caused him to have a heart attack), R v Church
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What is a case stating that the unlawful act must cause death?
R v Kennedy (supplied heroin to someone who died from it)
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What are the problems with the law on constructive manslaughter?
Becoming less clear, public order offences as a charge throw up difficult causation issues, too complex, D may not foresee any harm, overlap between unlawful and gnm
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What is gross negligence manslaughter?
This is where the defendant acts lawfully but causes death without intention
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What has to exist for a conviction on GNM?
A duty of care which results in V's death
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What case originally set out gross negligence manslaughter?
Donoghue v Stevensons
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What case followed R v Bateman?
Andrews v DPP
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What is a case concerning reckless driving?
R v Lawrence
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What is a major case?
Adamako - patient died in treatment because the doctor failed to notice the oxygen tube had been disconnected, HOL stated the law in R v Seymour should not apply to this
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What is a case concerning drugs?
R v Khan & Khan 1998 - gave drugs to a girl who then died
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What is a case concerning a contractual duty?
R v Pittwood - forgot to close the train line
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What is a case concerning family members?
Stone and Dobinson
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What are the problems on gnm?
Sends out the wrong moral messags (Khan), Evans was criticised that the boundaries of GNM are too wide
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What is reckless manslaughter?
Not clear whether it exists or not
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What is a case on this?
Lidar - V was killed when D drove off with V hanging half in and half out of the back passenger window
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What needs to be proved to be convicted of this?
D was aware of the risk but nevertheless took it and his actions were the cause of death
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What are the Law commission proposals on involuntary manslaughter?
Reckless manslaughter would not exist, gross negligence would be where: d causes death of another, risk obvious to normal person, capable of seeing the risk
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Card 2

Front

What must there be to commit constructive manslaughter?

Back

An unlawful act (omission is not enough) which must be dangerous, and it must cause death, right level of mens rea, act must be dangerous and a crime

Card 3

Front

What is a case where issues of the risk of harm were raised?

Back

Preview of the front of card 3

Card 4

Front

What are cases in relation to unlawful act manslaughter?

Back

Preview of the front of card 4

Card 5

Front

What is a case stating that the act must be unlawful?

Back

Preview of the front of card 5
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