Criminal Law – 4ed (2024) Chapter 4 Homicide 2

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Questions and Answers

Which mens rea (MR) is required for a murder conviction?

Negligence in causing death.
Recklessness as to causing some harm.
Intention to cause grievous bodily harm (GBH). (correct)
Intention to commit an unlawful act.

In the context of homicide, what distinguishes murder from voluntary manslaughter?

The presence of a partial defense, such as diminished responsibility or loss of control. (correct)
The _actus reus_ (AR) differs; murder requires a direct act, while manslaughter involves omission.
The victim's prior relationship with the accused; killings of strangers are always murder.
Murder requires the use of a weapon, whereas manslaughter does not.

What key element must the prosecution prove to secure a conviction for unlawful act manslaughter, as established in DPP v Newbury and Jones?

The defendant was aware of the risk of death or serious harm resulting from their actions.
The defendant intended to cause serious harm to the victim.
The defendant committed an unlawful act that was objectively dangerous and caused the victim's death. (correct)
The defendant had a pre-existing duty of care towards the victim, which they breached.

What is another term used to describe unlawful act manslaughter?

Constructive manslaughter (C) Signup and view all the answers

In the context of unlawful act manslaughter, what does 'objectively dangerous' signify regarding the unlawful act?

A reasonable person would recognize the risk of some harm resulting from the act. (A) Signup and view all the answers

Differentiate between involuntary manslaughter and unlawful act manslaughter concerning the mens rea requirement.

Unlawful act manslaughter requires proof of intent to commit the unlawful act, but does not require intent to cause death; involuntary manslaughter does not require any mens rea of murder. (B) Signup and view all the answers

A person commits an act of criminal damage that inadvertently leads to the death of another. Under what circumstances would this person not be liable for unlawful act manslaughter?

A reasonable person would not have foreseen any risk of harm resulting from the act of criminal damage. (B) Signup and view all the answers

In the context of gross negligence manslaughter, what is the crucial factor that determines criminal liability when a duty of care is breached and causes death?

Whether the negligence is so reprehensible as to warrant criminal punishment. (D) Signup and view all the answers

What is the minimum mental state required to prove gross negligence manslaughter?

Neither intention nor recklessness needs to be proven (D) Signup and view all the answers

When considering gross negligence manslaughter charges against Barney and Maisie, what factor is most likely to sway a jury's opinion in Barney's favor?

Barney was working under immense pressure with limited resources, while Maisie was impaired due to partying. (D) Signup and view all the answers

In a gross negligence manslaughter case, which of the following must the prosecution establish beyond a reasonable doubt?

The death was a direct and foreseeable consequence of the defendant's breach of duty of care and the negligence was gross. (D) Signup and view all the answers

A doctor administers a standard dose of medication to a patient but fails to check the patient's allergy history, resulting in a fatal allergic reaction. The hospital's electronic health record system had a prominent allergy warning that the doctor overlooked. Which factor would be most critical for the prosecution in determining whether to charge the doctor with gross negligence manslaughter, rather than ordinary negligence?

Whether the doctor's conduct demonstrated such a departure from the standard of reasonable care that it warrants criminal punishment. (B) Signup and view all the answers

In the scenario where Dawood commits burglary and Harold dies of a severe asthma attack due to being terrified, what crime is Dawood likely to be convicted of?

Unlawful act manslaughter (D) Signup and view all the answers

In R v Lamb, why was the defendant found not guilty of unlawful act manslaughter?

There was no unlawful act because the defendant believed it was a game. (C) Signup and view all the answers

According to the principles established in R v Church, what level of risk must a sober and reasonable person recognize in order for an act to be considered dangerous for the purposes of unlawful act manslaughter?

A risk of some harm, albeit not serious harm (D) Signup and view all the answers

In determining whether an act is dangerous, what knowledge is the 'reasonable person' deemed to possess?

The knowledge the defendant had, or ought to have had, at the time of the offence. (A) Signup and view all the answers

In unlawful act manslaughter, what is the role of the jury in determining whether the defendant has committed a dangerous act?

The jury determines, as a question of fact, whether the act was dangerous based on the evidence. (B) Signup and view all the answers

In R v Dawson, the defendants attempted to rob a petrol station. Which factor is most critical in determining their culpability for unlawful act manslaughter if someone had died during the robbery?

Whether a reasonable person would foresee that using a pickaxe handle and replica guns in a robbery would subject someone to the risk of harm. (D) Signup and view all the answers

Consider a scenario where an individual commits a minor traffic violation (e.g., illegally parking) that inadvertently obstructs an ambulance, leading to a delay that contributes to a patient's death. Could this individual be charged with unlawful act manslaughter?

No, because a minor traffic violation is not inherently dangerous, and a reasonable person would not foresee a risk of harm. (C) Signup and view all the answers

A person provides a non-prescription drug to a friend who has a severe allergic reaction and dies. The person believed the drug was harmless. Could the provider be guilty of unlawful act manslaughter?

Yes, if a reasonable person would have known the drug could cause harm, regardless of the provider's belief. (D) Signup and view all the answers

An experienced hiker intentionally dislodges a small rock while traversing a mountain, believing it will simply tumble harmlessly down a vacant slope. Unbeknownst to the hiker, the rock triggers a larger landslide, burying a group of hikers further down the mountain, resulting in fatalities. Could this experienced hiker be convicted of unlawful act manslaughter, and why?

Yes, because an experienced hiker should reasonably foresee the potential for unintended consequences, thereby establishing the 'dangerousness' element. (C) Signup and view all the answers

In unlawful act manslaughter, what knowledge is the 'reasonable person' deemed to possess?

The knowledge the defendant had, or should have had, at the time of the offence, as if they were present at the scene. (B) Signup and view all the answers

What is the final element of the actus reus in unlawful act manslaughter?

The unlawful act caused the victim's death. (C) Signup and view all the answers

If the victim's death is not proven to be caused by the accused's unlawful act, what is the most likely legal consequence?

The accused is not liable for either murder or manslaughter. (B) Signup and view all the answers

In cases where the defendant supplies illegal drugs to the victim, what circumstance would break the chain of causation, thus absolving the defendant of unlawful act manslaughter?

The victim freely and voluntarily injected themselves with the drugs. (C) Signup and view all the answers

What is the relationship between the mens rea for unlawful act manslaughter and the unlawful act itself?

The mens rea of unlawful act manslaughter is linked to the particular unlawful act. (C) Signup and view all the answers

In the provided example, Keni commits arson on his council house, unaware his family has returned. His son dies in the fire. What unlawful act does the prosecution identify to charge Keni with manslaughter?

Arson (B) Signup and view all the answers

In the context of unlawful act manslaughter, what does it mean for an act to be 'objectively dangerous'?

All sober and reasonable people would recognize the act as carrying a risk of some harm. (B) Signup and view all the answers

A group of friends are engaging in recreational target shooting in a deserted area. One friend, aiming at a discarded barrel, is unaware that another friend is standing behind it. The bullet penetrates the barrel, killing the hidden friend. Which of the following is MOST crucial in determining if the shooter is guilty of unlawful act manslaughter?

Whether shooting at the barrel constituted an unlawful act and if that act caused the death. (A) Signup and view all the answers

Elara, a trained pharmacist, intentionally sells a powerful sedative to Jasper knowing he intends to use it recreationally, without a prescription. Jasper takes the sedative and dies due to an unexpected adverse reaction. Which of the following factors MOST critically determines her liability for unlawful act manslaughter?

Whether Elara's act of selling the sedative was unlawful and directly caused Jasper's death. (A) Signup and view all the answers

In a highly unusual case, a skilled surgeon performs a complex but ultimately unnecessary operation on a patient, without the patient's fully informed consent. The patient dies from a rare complication directly resulting from the surgery. Assuming the surgeon genuinely believed the surgery was in the patient's best interest, which legal argument would be MOST pivotal in determining the surgeon's liability for unlawful act manslaughter?

Whether performing surgery without fully informed consent constitutes an unlawful act, and whether the surgical procedure was inherently dangerous. (C) Signup and view all the answers

In the scenario provided, what mens rea must Keni possess to be liable for arson?

Intention to damage property by fire belonging to another. (A) Signup and view all the answers

According to the content, which element is NOT part of the actus reus for unlawful act manslaughter in Keni's case?

The act must be directed at a specific individual. (C) Signup and view all the answers

In the example provided, what is the initial charge that Caspian is cleared of, due to lack of mens rea?

Murder. (B) Signup and view all the answers

What unlawful act does the prosecution claim Caspian committed?

Simple assault by causing Lola to apprehend unlawful force. (D) Signup and view all the answers

What evidentiary standard must the prosecution meet to prove the 'dangerousness' element in unlawful act manslaughter?

The prosecution must prove that a reasonable person would have foreseen a risk of some harm resulting from the defendant's actions. (D) Signup and view all the answers

In the scenario with Caspian and Lola, if Caspian had gently pushed Lola as a prank, without intending to frighten her, and she tragically fell, would he still be liable for unlawful act manslaughter?

Potentially, depending on whether pushing someone, even gently, is considered an unlawful act in that jurisdiction, and if it was objectively dangerous. (D) Signup and view all the answers

If, in Keni’s case, the fire spread to an adjacent building and someone in that building died, would Keni's liability for unlawful act manslaughter extend to that death?

Yes, provided the fire spreading was a direct and foreseeable consequence of the initial arson. (C) Signup and view all the answers

Suppose Caspian suffered from a cognitive impairment that significantly affected his judgment and impulse control. How might this impact the assessment of objective dangerousness in his case?

Caspian's cognitive impairment would be irrelevant, because objective dangerousness refers to how a reasonable person would assess the risk without considering the defendant's mental state. (B) Signup and view all the answers

Assume a scenario where Keni sets fire to an abandoned building, honestly believing it to be his own property, when in reality it belongs to the local authority. Unbeknownst to Keni, a homeless person is sleeping inside and dies in the fire. Could Keni be liable for unlawful act manslaughter?

No, because Keni lacked the mens rea for arson, as he genuinely (albeit mistakenly) believed the property was his, meaning the initial act was not unlawful in his mind. (C) Signup and view all the answers

Imagine Caspian, a trained stage actor, intentionally 'slaps' Lola as part of a method acting exercise, not realizing she has a rare bone condition. The slap, which would cause no harm to an average person, causes Lola to suffer a fatal injury. Is Caspian liable for unlawful act manslaughter?

No, because a reasonable person would not have foreseen that a theatrical slap could cause death, and thus the act was not objectively dangerous. (A) Signup and view all the answers

Flashcards

Homicide

The unlawful killing of another human being.

Murder

Homicide with the intention to kill or cause grievous bodily harm (GBH).

Manslaughter

Unlawful killing without the intention or malice required for murder.

Voluntary Manslaughter

Manslaughter committed due to mitigating circumstances like loss of control or diminished responsibility.