involuntary manslaughter (chap7)

• What is the definition of involuntary manslaughter?

  Killing without intent to murder
• What are the two main ways to commit involuntary manslaughter?

  Unlawful act and gross negligence
• What is unlawful act manslaughter?

  When a D commits an unlawful act resulting in death
• What are the elements required for unlawful act manslaughter?

  Unlawful act, objectively dangerous, cause death, required MR
• What is the range of involuntary manslaughter?

  • Severe actions are highly blameworthy
  • Less severe actions may be less culpable
  • Maximum penalty: life imprisonment
  • Judges can adjust sentences based on specifics
• What must the unlawful act be for unlawful act manslaughter?

  A criminal offence, not a civil wrong
• What was determined in R v Franklin (1983)?

  A civil wrong isn't enough for manslaughter
• What is required for an unlawful act in manslaughter cases?

  It must be a positive act, not an omission
• What types of crimes can lead to unlawful act manslaughter convictions?

  Any criminal act that can cause injury
• What is the requirement for the unlawful act to be considered dangerous?

  It must present a risk of some harm
• What did R v Church (1965) establish about dangerous acts?

  The act must present a risk recognized by a reasonable person
• What did the Law Commission criticize about the dangerous act concept?

  It is unfair to convict without recognizing risk
• What types of crimes usually involve unlawful act manslaughter?

  Crimes like personal injury and property damage
• What was established in R v Larkin (1943)?


  Threatening with a razor led to accidental death
• What was determined in R v Mitchell (1983)?

  Conviction despite not targeting the deceased
• Is it necessary to foresee the exact harm in unlawful act manslaughter?

  No, just that some harm might result
• What did the court rule in Im (2012) regarding foreseeability of harm?

  Some harm needs to be foreseeable, not specific type
• What was the outcome in R v Goodfellow (1986)?

  Convicted for arson causing deaths
• What type of harm must be present in unlawful act manslaughter?

  Physical harm, not just fear or apprehension
• What was established in R v Dawson (1985)?

  Heart attack not foreseeable during robbery
• What did R v Watson (1989) determine about reasonable awareness?

  A reasonable person would recognize risk of harm
• What was the ruling in R v Kennedy (2007) regarding self-injection?

  Self-injection broke the chain of causation
• What is the mens rea requirement for unlawful act manslaughter?

  Must have MR for the unlawful act
• What is the significance of DPP v Newbury and Jones (1976)?

  Conviction without foreseeing harm is possible
• What is the duty of care in gross negligence manslaughter?

  Duty owed when D breaches a duty of care
• What did R v Adomako (1994) establish about duty of care?

  Principles of negligence apply to gross negligence
• When is a duty of care implied?

  When an act creates an obvious risk of death
• Who owes a duty of care to patients?

  Medical professionals owe a duty of care
• What was established in R v Nacker (2002)?

  D owed a duty of care despite illegal acts
• What is the significance of R v Gane (2000)?

  Extended duty of care in drug supply cases
• What must the jury decide regarding breach of duty causing death?

  If D's conduct was negligent and caused death
• What must be proven for gross negligence to be established?

  Conduct must deviate from expected standard of care
• What is the role of causation in gross negligence manslaughter?

  Causation must show D's breach caused death
• What is the mens rea for gross negligence manslaughter?

  Judged by behavior, not state of mind
• What is the significance of R v Lamb (1967)?

  No unlawful act for manslaughter charge
• What was established in R v Lowe (1973)?

  Omission cannot lead to unlawful act manslaughter
• What was determined in R v Larkin (1943)?


  Threatening with a razor caused accidental death
• What was the ruling in R v Goodfellow (1986)?

  Convicted for arson causing multiple deaths
• What is the test for gross negligence in R v Adomako (1994)?

  Conduct must show disregard for life and safety
• What is the significance of R v Wacker (2003)?

  Not relevant that V is part of illegal act