Involuntary Manslaughter

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  • Created by: A Francis
  • Created on: 05-06-13 13:09
Unlawful Act Manslaughter
(1) The D must do an Unlawful Act (2) The Act must be Dangerous on an objective test (3) The Act must cause the Death (4) The D must have the required Mens Rea for the unlawful act
1 of 18
Franklin
The Act must be a Criminal Offence a tort is not enough
2 of 18
Lamb
The D must commit an Unlawful Act - No offence was committed in this case
3 of 18
Lowe
An omission to act does not create liability
4 of 18
Church
The Act must be 'such as all sober and reasonable people would inevitably recognise it would subject the other person to, at least, the risk of harm resulting therefrom, albeit not serious harm
5 of 18
Goodfellow
The act can be aimed at property
6 of 18
Dawson
Mere 'emotional disturbance' is not sufficient for Unlawful Act Manslaughter
7 of 18
Watson
Where the D realised the frailty and the risk of physical harm the D will be criminally liable
8 of 18
Cato
Injecting someone with a drug they prepared does not break the chain of causation
9 of 18
Dalby
Prepare an injection for someone else to self inject does not break the chain of causation
10 of 18
Newbury and Jones
The D must have the mens rea for the unlawful act but does not have to prove the D foresaw any harm from his act
11 of 18
Gross Negligence Manslaughter
Set out in Adomako
12 of 18
Adomako
(1) D must owe a Duty of Care to the V (2) D must Breach that Duty of Care (3) Gross Negligence that the jury considers Criminal (4) The Gross Negligence was the substantial cause of the death of the victim
13 of 18
Donoghue v Stevenson
You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour
14 of 18
Singh
Recognised a Duty to manage and maintain property
15 of 18
Wacker
A Duty of Care is owed even if the D and the V aer involved in illegal activities
16 of 18
Evans
A Duty of Care arises where the D has created a state of affairs which he knows or ought to know has become life threatening
17 of 18
Bateman
Negligence is Gross when 'it goes beyond a matter of mere compensation between subjects and the D showed complete disregard for the life and safety of others'
18 of 18

Other cards in this set

Card 2

Front

The Act must be a Criminal Offence a tort is not enough

Back

Franklin

Card 3

Front

The D must commit an Unlawful Act - No offence was committed in this case

Back

Preview of the back of card 3

Card 4

Front

An omission to act does not create liability

Back

Preview of the back of card 4

Card 5

Front

The Act must be 'such as all sober and reasonable people would inevitably recognise it would subject the other person to, at least, the risk of harm resulting therefrom, albeit not serious harm

Back

Preview of the back of card 5
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