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Criminal Law
Fatal Offences
UDA Manslaughter
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Created by
Beth Taylor
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Cards (49)
What is
homicide
?
The killing of a human being by another,
deliberately
or not.
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What are the three categories of
homicide
?
Murder:
AR
+
MR
Voluntary Manslaughter
: AR + MR of murder + special defence
Involuntary Manslaughter
: AR of murder, but no MR for murder
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What is the definition of
involuntary manslaughter
?
It involves the
AR of murder
, but not the
MR for murder
.
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What does it mean when it is stated that
D
does not have the intention to kill in
involuntary manslaughter
?
D lacks direct or oblique intention to kill or cause
GBH
.
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How has
involuntary manslaughter
developed in
common law
?
It has undergone significant
case law
development, making it an uncertain area of law.
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What is the range of behavior covered by
involuntary manslaughter
?
It covers behavior from highly
blameworthy
to carelessness.
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What is the maximum sentence for
involuntary manslaughter
?
Life imprisonment
, but judges have discretion.
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What are the two types of
involuntary manslaughter
?
Unlawful and Dangerous Act Manslaughter
Gross Negligence Manslaughter
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What is the key difference between
unlawful act manslaughter
and
murder
?
Unlawful act manslaughter has no
MR
for murder but has MR for an underlying unlawful act.
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What must be established for a
UDA
manslaughter conviction?
Unlawful Act
,
Dangerousness
, Causing the Death,
Mens Rea
.
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What type of act must cause the death in
UDA
manslaughter?
The death must be caused by an
unlawful
act, not a
civil
wrongdoing.
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What is an example of an
unlawful
act in
UDA
manslaughter?
Assault
: an act to make V
apprehend
immediate unlawful force.
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What was the outcome of
R v Lamb
[
1967
]?
D did not commit an
unlawful act
as he believed the gun would not fire.
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What was the ruling in
R v Lowe
[
1973
] regarding omissions?
There must be an act; omissions cannot constitute an
unlawful act
.
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What does "
unlawful
" mean in the context of UDA manslaughter?
It refers to an act that is
criminal
and not lawful.
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What is the standard for determining
dangerousness
in
UDA manslaughter
?
It must be objectively dangerous from the perspective of a
reasonable bystander
.
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What did
Edmund Davies J
state about
unlawful acts
causing death?
Such acts must subject the other person to the
risk of some harm
.
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What was the outcome of
R v Bristow
[
2013
] regarding the burglary case?
The convictions were upheld as a
reasonable bystander
would recognize the risk of harm.
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What was the significance of
R v Larkin
[
1943
] in UDA manslaughter?
The act need not be aimed at the victim to
constitute
manslaughter.
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What does
R v Mitchell
[
1983
] illustrate about UDA manslaughter?
An act
calculated
to harm one person can still result in manslaughter if it kills another.
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What does
UDA manslaughter
require regarding the risk of harm?
It must be such that all
sober and reasonable people
would recognize the risk of some harm.
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What are the key cases related to
dangerousness
in UDA manslaughter?
R v Church
[
1965
]: Established the standard for dangerousness.
R v Bristow
[
2013
]: Highlighted the risk of harm in burglary.
R v Larkin
[
1943
]: Confirmed that the act need not be aimed at the victim.
R v Mitchell
[
1983
]: Demonstrated that harm to a bystander can result in manslaughter.
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What is the legal standard for
dangerousness
in
UDA manslaughter
?
It is determined by the perspective of a
reasonable bystander
.
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What does the case of
R v Goodfellow
[
1986
] illustrate about
UDA
manslaughter?
It shows that an act aimed at property can still be dangerous if it risks harm to others.
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What is the key takeaway from the recap regarding dangerousness?
Dangerousness
is determined by the jury based on the
risk of harm
.
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How does
D's
awareness of
circumstances
affect the
dangerousness
assessment?
Juries can attach D’s acquired knowledge to the
bystander
in assessing dangerousness.
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What does it mean that the actions of the elderly man in falling on V were entirely
foreseeable
?
It means that the consequences of his actions could be anticipated and did not break the
chain of causation
.
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Can an act calculated to harm A still result in manslaughter if it kills B?
Yes
, it can still be manslaughter even if the act was not aimed at
V
.
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What is the definition of
Unlawful (and Dangerous) Act Manslaughter
?
An act that is
unlawful
and
dangerous
Must be recognized by
sober
and
reasonable
people as posing a risk of harm
The act need not be aimed at the victim
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What case is associated with the definition of dangerousness in unlawful act manslaughter?
R v Goodfellow
[
1986
]
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What did D do in
R v Goodfellow
[
1986
] to be convicted of
UDA
manslaughter?
D deliberately set fire to his property to appear as if it had been
petrol bombed
, resulting in deaths.
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How is
dangerousness
determined according to the law?
It is determined by the jury if the risk of harm is
recognized
by
sober
and reasonable people.
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From whose perspective is dangerousness considered?
From the perspective of the
sober and reasonable person
, which is an
objective standard
.
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Which case shows that D's awareness of circumstances can be considered when deciding dangerousness?
R v Bristow
[
2013
]
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What did
R v Larkin/Mitchell
establish about the aim of the act in
UDA
manslaughter?
It established that the act need not be aimed at the victim.
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What did
R v Goodfellow
clarify about the aim of the
act
?
It clarified that the act can be aimed at property.
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What must occur for
D
to cause death in
drug
cases?
D must inject the drug into V with
consent
, resulting in V's death.
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What is the unlawful act in drug cases according to
R v Cato
[1976]?
The unlawful act is "administering a
noxious substance
" contrary to
s23 Offences Against the Person Act 1861
.
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What happens in cases where
V
self-injects
and then dies?
D
is not to blame if V self-injects and then dies.
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What was the outcome of
R v Carey
[
2006
] regarding
causation
?
The unlawful and dangerous act must have actually caused the death.
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