Please enable JavaScript.
Coggle requires JavaScript to display documents.
INVOLUNTARY MANSLAUGHTER - Coggle Diagram
INVOLUNTARY MANSLAUGHTER
-
Involuntary manslaughter doesn't state what the required mens rea is, just that it's something other than the intention to kill or cause GBH
2 types of involuntary manslaughter- unlawful and dangerous act manslaughter and gross negligence manslaughter
- UNLAWFUL AND DANGEROUS ACT
To be unlawful
The law can seem to favour the D's- It has to be an act; not an omission (R v Lowe- Child died from neglect), The act has to be 'criminal'; not civil (R v Franklin- Box struck swimmer)
Seem to favour the V's- R v D- A woman who suffered years of domestic abuse committed suicide. Prior to this, her husband had struck her and cut her head with his bracelet- this was enough for an 'unlawful criminal act' under S20 OFFENCES AGAINST THE PERSON ACT 1861
To be dangerous
Test whether a reasonable person would foresee that the act would cause harm- R v Church (believed to be dead and threw body into a river)- It's only satisfied if the unlawful act is such that all reasonable people would realise that the act would subject the V to the risk f at least some harm resulting from it
-
Causation: Part 1
-
R v Johnstone- V was subject to taunts, spitting and shouting wasn't deemed to be dangerous acts, but sticks and stones being thrown was deemed dangerous, the V died of a heart attack through stress but it couldn't be proved which act caused it
Causation: Part 2
The V intervenes themselves into the chain of causation with a voluntary act, then this will be sufficient to break the chain
-
-
Mens rea- For this offence, the mens rea is the mens rea of the unlawful act (R v Lamb- D didn't have mens rea for the criminal act, as didn't think the gun would fire
- GROSS NEGLIGENCE MANSLAUGHTER
Actus reus- R v Adomako- The appellant was an anaesthetist in charge of a patient during an eye operation. During this an oxygen pipe became disconnected and the patient died. The appellant failed to notice or respond
Gross negligence manslaughter was defined in this case. It requires:
- Duty of Care
- A gross negligent breach of that duty
- A risk of death
Duty of care
-
-
Established a few exceptions, notably a doctor always owes a DOC to their patient- R v Wiloughby
Risk of death
R v Litchfield- The COA favoured the subjective test stating that the D 'must have appreciated the risk he was taking (Captain of a boat and sailed knowing the route was dangerous)
R v Misra and Srivastava- Where doctors failed to diagnose a post-operation infection which led to the death of the V. Supported ruling in Adomako, that lack of diagnosis and subsequent lack of treatment constituted to a risk of death
-
- POLICE, CRIME, SENTENCING AND COURTS ACT 2022 (PCSC)
Harpers Law- There are now mandatory life sentences for those who unlawfully kill an emergency worker in the course of their duty