PRINTED Law 2 Vol. Mans

What are the two types of involuntary manslaughter?

Unlawful Act Manslaughter and Gross Negligence Manslaughter

1 of 36

What is Unlawful Act Manslaughter also known as?

Constructive Manslaughter

2 of 36

What is the actus reus of UAM?

An unlawful and dangerous act which causes death

3 of 36

There are three elements of the actus reus of UAM. What are they?

1.An Act 2.Dangerous 3.Caused death

4 of 36

For the first element of the actus reus of UAM (the act), Which case tells us that an omission wont do?

The case of Lowe (Child neglect)

5 of 36

For the first element of the actus reus of UAM (the act), Which case tells us that the act must be unlawful?

The case of Lamb.

6 of 36

For the first element of the actus reus of UAM (the act), Which case tells us that the act doesn't need to be against the victim?

The case of Mitchell (Old lady in post office)

7 of 36

For the first element of the actus reus of UAM (the act), Which case tells us that the act doesn't need to be against a person at all?

The case of Goodfellow (Arson of a house)

8 of 36

For the second element of the actus reus of UAM (dangerous), What is the test for dangerous and which case does it come from?

The test is 'Would a sober and reasonable person have realised the risk of some harm'. This is known as the bystander test and comes from the case of Church

9 of 36

For the second element of the actus reus of UAM (dangerous), What comes from the case of Larkin?

The case of Larkin tells us that the risk of harm need only be a risk of some harm, not serious harm.

10 of 36

For the second element of the actus reus of UAM (dangerous), what does the case of JM&SM tell us?

The case of JM&SM tells us that the defendant doesn't have to forsee the type of harm

11 of 36

For the second element of the actus reus of UAM (dangerous), What does the case of Dawson tell us?

The case of Dawson tells us that there must be a risk of physical harm, emotional disturbance is not enough/

12 of 36

For the second element of the actus reus of UAM (dangerous), What does the case of Newbury & Jones tell us?

It tells us that when judging whether the act was dangerous, the test is not 'did the accused recognise that the act was dangerous, but would all sober and reasonable people recognise its danger'

13 of 36

For the third element of the actus reus of UAM (caused death), What rules apply?

The rules on causation apply here

14 of 36

For the third element of the actus reus of UAM (caused death), What do the cases of Dalby/Kennedy tell us?

That an intervening act such as the victim self inflicting drugs will break the chain of causation

15 of 36

For the third element of the actus reus of UAM (caused death), What happened in the case of Carey and what does it tell us?

In the case fo Carey a girl died from a heart disease when she was running away from a fight. The original punch was not held to be the cause of death as it couldn't be proved that she was running from a serious threat

16 of 36

For the third element of the actus reus of UAM (caused death), Which is the case where the victim died running away from the threat of the defendant?

The case of Lewis. The defendants assault was held to be a continuing act which caused death.

17 of 36

What must the defendant have for the mens rea of UAM?

The defendant must have the MR for the unlawful act. For example if the act was a battery, the defendant must have the MR for a battery.

18 of 36

For the MR of UAM, which case tells us that it is not necessary to prove that the defendant foresaw any harm from his unlawful act

Newbury & Jones

19 of 36

What is the leading case for GNM?

Adamako (Eye operation case)

20 of 36

What are the five elements of the actus reus of GNM?

1. D must owe a duty of care. 2. The duty must be breached 3. Breach must have a risk of death 4.Actions must cause death 5.Conduct is so bad its criminal

21 of 36

For the first element of the actus reus of GNM (DOC),Which case gives the definition of DOC and what does it mean?

Donoghue V Stevnson : 'A duty of care is owed to people so closely and directly affected by my act that I ought to owe them a DOC'

22 of 36

For the first element of the actus reus of GNM (DOC), Name a few examples of when people owe a DOC and the cases.

Under contract (Pittwood), Voluntarily assuming care (Stone V Dobinson), Doctor and his patient (Adamako), Driver of vehicle (Wacker)

23 of 36

For the first element of the actus reus of GNM (DOC), What does the case of Evans tell us?

The case of Evans tells us that a person owes a duty of care when they create a state of affairs which the defendant knows, or ought to have known would threaten the life of the victim.

24 of 36

For the first element of the actus reus of GNM (DOC), What actually happened int he case of Evans?

The defendants gave the victim heroin as she was addicted, the V self injected it but overdosed. Instead of calling for help the defendants put the victim to bed and hoped she would recover

25 of 36

For the first element of the actus reus of GNM (DOC), What does the case of Khan tell us?

That a state of affairs may even cover a duty to not supply drugs

26 of 36

For the first element of the actus reus of GNM (DOC), What does the case of Wacker tell us?

That the fact that the victims were party to an illegal act is not relevant.

27 of 36

For the first element of the actus reus of GNM (DOC), What is the case of Singh?

This tells us that a landlord has a DOC to his tenants.

28 of 36

For the second element of the actus reus of GNM (Breaching duty), What is the legal rule from the example of Holloway?

The legal rule is that the acts or omissions in carrying out the duty fell below the standard of he reasonable person. For example an electrician will be expected to reach the same standard of care as that of a rersonably competent electrician

29 of 36

For the third element of the actus reus of GNM (Risk of death), Which case tells us there must be a risk of death?

The case of Misra (knee operation). The D died of an untreated infection which she had told the doctors she had symptoms for.

30 of 36

For the fourth element of the actus reus of GNM (cause death), What rules apply?

The rules on causation

31 of 36

For the fifth element of the actus reus of GNM (Conduct), What is the legal rule and what case does it come from?

The legal rule is does the conduct of the accused show such disregard for the life and safety of others as to amount to a crime against the state and conduct deserving of punishment (Bateman)

32 of 36

For the fifth element of the actus reus of GNM (Conduct), Which case tells us that the conduct must be gross?

The case of Andrews

33 of 36

What is the mens rea of GNM?

There isnt one. The defendant is judged by behaviour over mind. The rik of death is judged objectively so it doesn't matter is they didn't see the risk

34 of 36

What is the rule on GNM and intoxication?

Voluntary intoxication is no defence for GNM as the offence concerns the standard of the defendant's conduct

35 of 36

Can GNM be committed through an act or omission or must it be through just an act?

GNM can be committed through an act or an omission and the defendant doesn’t have to be engaged in a criminal act when the conduct occurs.

36 of 36

Get Revising

PRINTED Law 2 Vol. Mans

Other cards in this set

Card 2

Front

Back

Card 3

Front

Back

Card 4

Front

Back

Card 5

Front

Back

Comments

Similar Law resources:

Other cards in this set

Card 2

Front

Back

Card 3

Front

Back

Card 4

Front

Back

Card 5

Front

Back

Comments

Related discussions on The Student Room

Similar Law resources: