Someone recently bought our

students are currently browsing our notes.

X

Involuntary Manslaughter Notes

GDL Law Notes > GDL Criminal Law Notes

This is an extract of our Involuntary Manslaughter document, which we sell as part of our GDL Criminal Law Notes collection written by the top tier of Cambridge/Bpp/College Of Law students.

The following is a more accessble plain text extract of the PDF sample above, taken from our GDL Criminal Law Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

Involuntary Manslaughter _______________________________________________________

Unlawful Act Manslaughter Also known as constructive manslaughter Kennedy No. 2(above) Lord Bingham's 3 core elements of unlawful act manslaughter:

1. D voluntarily committed an unlawful act

2. The unlawful act was a dangerous crime

3. The unlawful act was a significant cause of death The mens rea for the unlawful act will constitute the actus reus of the UAM Criminal unlawful act: Larkin suggests criminal standard of unlawful act R v Lamb Held: definition of assault is the immediate apprehension of personal violence &
here the mistake meant there could be no apprehension - without the mens rea
& actus reus of the unlawful act you cannot have unlawful act manslaughter 'Dangerous': R v Church (above)
? Edmund Davies LJ: the unlawful action must be dangerous, which means that a sober and reasonable person would consider the act capable of causing V some harm. The is an OBJECTIVE standard DPP v Newbury Two 15 yo Ds threw paving slab off railway bridge which killed a train driver, V Held: (HL) no necessity of subjective foresight needed for harm; a normative standard of foreseeable harm resulting from dangerous criminal act - didn't actually identify the unlawful act however R v JF and NE Teen Ds set fire to a duvet which asphyxiated a sleeping homeless man V Held: (CA) dismissing the appeal based on a misdirection including foreseeability
& intention, that if anything the trial judge had been too generous to Ds in including a subjective element of risk awareness in constituting arson as an unlawful act for manslaughter - normative assessment of dangerous needed only
- unfairness borne of this must be changed by Parliament R v Andrews Injection of insulin - strict liability offence under Medicines Act - leading to death

Buy the full version of these notes or essay plans and more in our GDL Criminal Law Notes.