Manslaughter - Coggle Diagram
Negligence is an
Adomako (1995), An ethicist which dealt with the eye, a patient undergoing eye operations had an operation tube disconnected leading to his death. The surgeon failed to notice the alarm from the machine and was charged with negligent manslaughter
Added relatively recently
Lidar (1999) runs over a guy who was clinging on to his car, he understood the risk would lead to serious injury and did it anyway
Unlawful Acts Manslaughter AKA constructive manslaughter
Arises when defendant intentionally commits an unlawful act, and results in a death
Larkin (1944), Sharpened a razor to intimidate his girlfriend, but the drunk girlfriend slipped and fell on the razor. Defendant was convicted on manslaughter
The unlawful/dangerous act was sharpening the razor which cause the death, therefore being guilty of manslaughter
DDP V Newsbury and Jones (1977) boy kicked pavement stone of a bridge and killed a train driver by breaking through the train glass. They were convicted of manslaughter, defendant did not need to know if he was braking the law or not. as long as its broken then he is guilty.
Wtson (1989), defendant and another man broke into an old mans house, when they were discovered the two criminals verbalized him and left without stealing, the victim died of a manslaughter.
Argued that the burglary did no have anything to do with the heart attack, court of appeal said the defendant would have had the reasonable knowledge to understand the situation.
Prosecutor failed to prove that the shock caused the death of the victim
Lamb (1967) defendant and victim joked about with a revolver, the defendant pointed the gun at his friend and joked about and fired it, killing the victim, argued the killing was an accident.
The judge said there was no mens rea present and as a resulted in the appeal of manslaughter, while the act was dangerous, there was no intent
Conditions for Involuntary manslaughter
Usual course of actions (Mens rea and actus reus must lead to the death of the person
The defendant accepts he caused the victims death and the intent to cause GBH,
Lost Control (Partial Defense)
Rules in Coroners and Justice Act 2009
Can only apply to murder only
Can't absolve the defendant of liability other than murder
Legal Burden is on the prosecution to prove beyond reasonable doubt
Can be left to the jury if sufficient evidence
Requirements to use this
A person of regular status might act in a similar way
Defendant Lost control
Fear Trigger (Fear of serious violence from victim against defendant)
Anger Trigger (Defendant had justified sense of being seriously wronged by things said or done)
Loss of control
Example; Jewell 2014
Drove to collect victim from work but shot him
Killed the victim without warning, defendant claimed the victim had threatened him the night before so he was arming himself as defense, but shot out of lost of control.
lack of evidence was unimpeachable and he was found guilty of murder
Introduced by Homicide act of 1957
Notable because burden is left to the
This condition substantially impaired the defendants ability for rational conduct
Example Byrne (1960) Man killed a girl and mutilated her body, he appealed for diminished responsibility on the basis the he was psychopath which had a perverse mind and was not able to control his desires. He was allowed the diminished responsibility.
2 more items...
Example, Dietschmann (2003) had
whom the defendant suffered from depression and being drunk. In this case they disregarded being drunk and focused on the depression
But being drunk doesn't allow diminished responsibility.
, alcoholism does
Suicide act 1961
All those in the act must have a common agreement. While suicide is no longer a crime, assisting suicide is.