involuntary manslaughter

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What is involuntary manslaughter?
An unlawful killing where the defendant does not have the intention, either direct or oblique, to kill or cause GBH. The lack of this intention is what distinguishes involuntary manslaughter from murder.
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What is at the top end of the range, of the offence?
The behaviour of the defendant which caused the death can be highly blameworthy, as there was a high risk of causing death or serious injury.
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What is at the bottom end of the range, of the offence?
The defendant's behaviour may verge on carelessness and only just enough to be considered blameworthy.
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What is the maximum sentence for the offence?
Life imprisonment.
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What can the judge do?
Gives the judge discretion to impose a sentence which is suitable for the particular circumstances of the offence. In some cases judges may impose a non-custodial sentence.
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What are the two main ways of committing involuntary manslaughter?
Unlawful act manslaughter and gross negligence manslaughter.
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What is UAM?
Where the defendant causes a death through doing an unlawful act is objectively dangerous with the neccessary mens rea for the unlawful act.
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What are the four elements of UAM?
1) D must do an unlawful act. 2) that act must be dangerous on an objective test. 3) the act must cause death. 4) D must have the required MR for the unlawful act.
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What must the unlawful act be?
Must be a criminal offence. A civil wrong is not enough.
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R v Franklin
D threw a large box off a pier, which hit and killed a swimmer. Held that a civil wrong was not enough to create liability for UAM.
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R v Lamb
One boy pointed a gun at the other and fired, however they didn’t think it would fire. Held that D had not carried out an unlawful act. The pointing of the gun at the friend was not an assault as the friend did not fear any violence from Lamb.
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R v Lowe
D’s child was poorly and they did not see medical help. UAM can only be committed by an act and not by an omission.
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What are the examples of the non-fatal offences which have led to a finding of UAM?
arson - R v Goodfellow, criminal damage - DPP v Newbury & Jones, burglary - R v Watson
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R v Church
Held that it 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 resulting therefrom, albeit not serious harm'
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What can be seen from Church?
The risk need only be of 'some harm' and need not be serious. If a sober and reasonable person realises that the unlawful act might cause some injury, then this part of UAM is satisfied. Doesn't matter if D didn't realise there was any risk of harm.
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R v Larkin
D waved a razor, trying to frighten his mistress's lover. The mistress 'fell' against the razor and died. This was a dangerous act in that it was one which a sober and reasonable person would regard as dangerous.
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What is made clear in Larkin?
The act need not be aimed at the victim.
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What is some harm?
Not neccessary for a sober and reasonable person to forsee the particular type of harm that the victim suffers. It is enough that the sober and reasonable person would foresee some harm.
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R v JM and SM
D's had a fight with a few doormen in a nightclub. One of the doormen had renal artery aneurysm and died. The sober and reasonable person must foresee some harm but not the harm caused.
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Act against property
The unlawful act need not be aimed at a person; it can be aimed at property, provided it is 'such that all sober and reasonable people would inevitably recognise must subject another person to at least, the risk of some harm'
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R v Goodfellow
Set fire to flat, causing three deaths. The unlawful act can be aimed at property. The test is whether it is objectively dangerous in the sense that it is likely to cause harm.
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What is physical harm?
The 'risk of harm' refers to physical harm. Something which causes fear and apprehension is not sufficient. This is so even if it causes V to have a heart attack.
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R v Dawson
Petrol station attendent died of a heart attack when the station was robbed. Causing fear is not enough. The unlawful act must put V at risk of physical harm.
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Causing the death
The unlawful act must cause death. An important point is that if there is an intervening act which breaks the chain of causation then D cannot be liable for manslaughter.
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What has intervening acts done?
They have caused problems in cases where D has supplied V with an illegal drug. If D also injects it into V, then there is no break in the chain of causation.
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R v Cato
V died from the effects of the drug administered by D.
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What are the points raised in Cato?
1) whether D committed an unlawful act. 2) whether D caused V's death or whether the self injection is an intervening act.
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R v Dalby
D suplied a drug which V self-injected. D'[s conviction quashed as it was not the supplying of the drug that caused V's death.
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R v Kennedy
D prepared an injection for V, V self-injected and died. Conviction quashed by House of Lords because of the self-administration.
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Mens Rea
D must have the MR for the unlawful act but it is not neccessary to prove that D foresaw any harm from his act.
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DPP v Newbury and Jones
D's pushed a paving stone off a bridge on to the railway which hit an approaching train and killed the guard. Not neccessary to prove that D foresaw any harm from his act.
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What is GNM?
A form of involuntary manslaughter committed where D is grossly negligent in breach of a duty of care towards V and this results in V's death.
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What is the leading case in GNM?
R v Adomako.
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R v Adomako
An anaethetist, during an operation, failed to notice an oxygen tube had came dislodged. V suffered brain injuries and died six months later.
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What are the elements of GNM from Adomako?
1) duty is owed. 2) duty is breached. 3) breach must be gross. 4) breach must cause death.
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Where do the principles of duty of care come from?
Caparo v Dickman
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Caparo v Dickman
1) reasonable foreseeability of harm. 2) proximity of relationship. 3) fair, just and reasonable
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R v Wacker
D carried immigrants in a lorry and forgot to open an air vent and they died. Joint enterprise – criminals have a duty for other criminals.
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D has created a state of affairs
D has created a state of affairs, which s/he knows, or ought reasonably to know, has become life-threatening and has broken that duty.
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R v Evans
D and V's mother failed to call for help after V overdosed. D claimed she did not owe V a duty of care. Conviction upheld as D had created a state of affairs by supplyig the drug.
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D owes a duty because of a relationship with the victim
R v Stone & Dobinson
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R v Stone & Dobinson
Stone and Dobinson lived with their unstable and mentally ill sister They failed to summon medical attention when required. There was a duty for the family members to look after the sister.
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Breach of duty
This can be done via an act or an omission
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Gross negligence
Beyond a matter of mere compensation and showed such disregarded for the life and safety of others as to amount to a crime.
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R v Bateman
V was giving birth, doctor used force, child was dead. During the operation, the doctor accidentally removed a portion of V’s uterus and died two days later. Conviction quashed as D had follwed the same procedure any competent doctor would have done.
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Risk of death
There must be a risk of death from D's conduct.
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R v Misra & Srivastava
V was D’s patient. V developed an undiagnosed and untreated infection in a wound, despite obvious symptoms. Jury decided whether D’s behaviour was grossly negligent and consequently criminal.
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What is at the top end of the range, of the offence?

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The behaviour of the defendant which caused the death can be highly blameworthy, as there was a high risk of causing death or serious injury.

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What is at the bottom end of the range, of the offence?

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What is the maximum sentence for the offence?

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What can the judge do?

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