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Involuntary Manslaughter (D causes Vs death, but did not intend death or…

- - - - Unlawful Act
        
        Exceptions
        
        Not capable of Commission by Omission
        
        R v Lowe :red_flag:
        
        Mens Rea of Base Crime must be subjective
        
        A Lawful Act becoming unlawful by execution is not liable for UAM
        
        Andrews v DPP :red_flag:
        
        i.e. no strict liability crimes
        
        Objectively dangerous act
        
        A reasonable, sober person would recognize the risk of some harm to another person (does not have to be V)
        
        R v Church :red_flag:
        
        No need for subjective foresight,
        
        DPP v Newbury :red_flag:
        
        Sober, reasonable person would foresee the risk of harm.
        
        R v Watson :red_flag:
        
        Risk of harm would be foreseeable to the sober reasonable person while in D' shoes at the time of the act.
        
        R v Dawson :red_flag:
        
        Psychiatric Harm :warning:
        
        Though no cases, psychiatric harm is accepted as bodily harm in context of offences against the persons - therefore no reason not to be recognized.
        
        R v Dahliwal :red_flag:
        
        R v Ireland and Burstow :red_flag:
        
        All elements of the base crime must be completed
        
        R v Lamb :red_flag:
        
        Causation
        
        Base offence must case death of V
        
        No Mens Rea required (strict liability)
        
        Apply normal causation rules (Factual -> Legal Causation)
        
        AGs Reference No 3 (1994) :red_flag:
      - Objectively Dangerous
      - Caused death of V
  - - - D owed V a Duty of Care
      - D breached that Duty of Care
      - Breach of Duty caused death of V
      - Breach was so gross as to justify criminal conviction
      - R v Bateman :red_flag:
      - R v Adomako :red_flag:
    - - Doctors -> Patients
        
        R v Adomako :red_flag:
      - Employers -> Employees
        
        R v Dean :red_flag:
        
        Even if engaged in criminal activity
        
        R v Wacker :red_flag:
      - Creation of dangerous situation
        
        R v Evans :red_flag:
      - Voluntary assumption of care
        
        Stone v Dobinson :red_flag:
    - - D's conduct falls below the standards expected of a reasonable person
    - - Causation
    - - Objective foresight of death is a necessary factor, but now sufficient for liability.
        
        Jury must look at surrounding circumstances.
        
        R v Misra :red_flag:
  - - - Only Reckless Manslaughter when:
        
        Death caused by Omission (so not UAM)
        
        D's omission does not pose an objectively foreseeable risk of death. (thus no GNM)