Manslaughter - Involuntary

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  • Created by: 10dhall
  • Created on: 10-01-17 12:08
What is involuntary manslaughter?
Unintentional killing resulting from criminal negligence
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What are the three types?
Dangerous act, gross negligence and reckless manslaughter
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What is gross negligence manslaughter?
A lawful act carried out negligently or by omission
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What are the factors?
The D must have a duty of care to V and must result in the death of V
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What are some cases on this?
Donoghue v Stevenson 1932, Adamako 1995, Khan v Khan 1998, Pittwood 1902, Stone and Dobinson 1977
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What is the objective test?
An obvious risk of injury, appreciated the risk and the D ran it anyway nevertheless, displayed failure to deal with the serious risk
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Who has a duty of care?
For example; doctors to their patients, carer to their patients, electricians to clients
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What are the problems with this area of the law?
Uncertainty because the jury decide, the law on manslaughter is too wide, mixed moral messages, some decisions are criticised
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What is unlawful act manslaughter?
This is where manslaughter occurs due to a dangerous act
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What are the factors?
There must be an act, an omission is not enough, the D must have the right level of mens rea, must be dangerous and a crime
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What is an exception?
The D will not be guilty if they have a defence, but not intoxication
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Cases?
Lamb 1967, Kennedy 2007, Watson 1989
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Problems with this area of the law?
Too wide, harsh on the accused, law is too complex, overlap between gross negligence and unlawful act
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What is reckless manslaughter?
Carelessness, defendant is aware of the risk and took it anyway - actions were the cause of death
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Factors?
Killing another through serious risk of injury
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Other cards in this set

Card 2

Front

What are the three types?

Back

Dangerous act, gross negligence and reckless manslaughter

Card 3

Front

What is gross negligence manslaughter?

Back

Preview of the front of card 3

Card 4

Front

What are the factors?

Back

Preview of the front of card 4

Card 5

Front

What are some cases on this?

Back

Preview of the front of card 5
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