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LAST MINUTE MOCK REVISION!!!
INVOLUNTARY MANSLAUGHTER
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Created by
Beth Taylor
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Cards (22)
What is the crime referred to as unlawful act manslaughter?
It is a type of
involuntary manslaughter
.
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What does involuntary manslaughter mean?
The
defendant
caused death without
intent
to kill.
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What is the key element missing in involuntary manslaughter?
The
mens rea
of
intent to kill
.
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What is the significance of the Queen's peace in involuntary manslaughter?
It refers to the
lawful
context
of the killing.
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What is the maximum sentence for unlawful act manslaughter?
Up to a
life sentence
at the
judge's discretion
.
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What are some typical examples of unlawful acts leading to manslaughter?
Arson
,
battery
, robbery, drug supply.
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What is constructive manslaughter?
Manslaughter constructed from a
root crime
.
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What are the four elements required for unlawful act manslaughter?
Unlawful act,
dangerous act
,
causation
,
mens rea
.
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What does "unlawful" mean in the context of unlawful act manslaughter?
It refers to actions that are
criminal
in nature.
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What is required for an act to be considered dangerous in unlawful act manslaughter?
It must be dangerous according to the
Church test
.
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What does the Church test assess?
Whether a
reasonable person
would foresee harm.
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Why might fraud not be considered a dangerous act?
A
reasonable person
wouldn't foresee harm from fraud.
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How does the case of Goodfellow illustrate unlawful act manslaughter?
He set a fire that led to
deaths
.
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What is the significance of the thin skull rule in causation?
The defendant is
liable
for all consequences of their act.
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What breaks the chain of causation in drug-related deaths?
The victim's
unreasonable
action of
self-administration
.
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What is required for gross negligence manslaughter?
A
duty of care
must be established.
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What is an example of a special duty of care?
A
lifeguard's
duty to save drowning individuals.
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How does the case of Evans relate to gross negligence manslaughter?
The defendant failed to seek help for an
overdose
.
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What does "gross" mean in gross negligence manslaughter?
It indicates a severe
breach
of care standards.
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What is the circular test in gross negligence manslaughter?
It
assesses
if
negligence
is
so
bad
it’s
criminal.
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What must be proven for a breach to cause a victim's death?
Factual and legal
causation
must be established.
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What is the potential sentence for gross negligence manslaughter?
It could be a
life sentence
or another sentence.
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