INVOLUNTARY MANSLAUGHTER

Cards (22)

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