44 Questions
In R v Slingsby, the court held that D was guilty of unlawful act manslaughter.
False
In R v Church, the court held that severity of harm needed to be serious to count as dangerous.
False
In R v Dawson, the court held that the direction by the judge was correct to include facts that were known to the jury.
False
Gross negligence manslaughter requires a mens rea requirement with respect to causing death.
False
In R v Adomako, the court held that the breach of duty was not criminally serious.
False
In R v Wacker, the court held that there was no duty of care between D and V.
False
Gross negligence can only be committed through an act, not an omission.
False
In R v Broughton, the court held that D was guilty of gross negligence manslaughter.
False
In R v Slingsby, V died because of D’s intentional act.
False
In R v Dawson, the court held that the appeal was dismissed.
False
For involuntary manslaughter, the base offence must be a crime of negligence.
False
Involuntary manslaughter can be committed through an omission.
False
All elements of the base offence must be proved for involuntary manslaughter.
True
A lawful act with a degree of negligence can constitute the base offence for involuntary manslaughter.
False
The mens rea required for the base offence is subjective.
True
Involuntary manslaughter only requires that the circumstances of the base offence were dangerous.
False
In a case of gross negligence manslaughter, the jury decides whether the defendant's conduct was reasonably foreseeably risky.
False
The standard of care in gross negligence manslaughter is determined by the actions of a reasonable expert in the field.
True
The prosecution must prove that the defendant intended to cause death or grievous bodily harm in a case of gross negligence manslaughter.
False
Reckless manslaughter requires a higher level of culpability than murder.
False
In a case of gross negligence manslaughter, the breach of duty must have caused the victim's death.
True
The test for gross negligence manslaughter is whether the defendant's conduct showed a disregard for the life and safety of others, but not necessarily a gross disregard.
False
What is the essential element required for the base offence in unlawful act manslaughter?
A criminal offence
What is the significance of the case of Andrews v DPP?
It clarified that the base offence must be a criminal offence, not satisfied by a 'lawful act with a degree of negligence'
What is the mens rea required for the base offence in involuntary manslaughter?
Subjective
What is the significance of the case of R v Lamb?
It showed that a defendant's conduct can be considered unlawful even if they did not intend harm
What is required to establish liability for involuntary manslaughter?
All elements of the base offence must be proved
What is the nature of the base offence in unlawful act manslaughter?
An act that must be a criminal offence
What is the primary requirement for a base offence to be considered dangerous in the context of involuntary manslaughter?
The action must have caused some harm to the victim
In R v Church, what was the court's ruling regarding the severity of harm?
The severity of harm does not need to be serious, as long as the defendant could see harm for the victim
What is the primary difference between gross negligence manslaughter and involuntary manslaughter?
Gross negligence manslaughter is based on a negligent act, while involuntary manslaughter is based on a dangerous act
In R v Wacker, what was the court's ruling regarding the duty of care?
The defendant had a duty of care to the victims despite being part of a joint criminal enterprise
What is the requirement for the breach of duty in gross negligence manslaughter?
The breach must be grossly negligent and cause the victim's death
In R v Evans, what was the court's ruling?
The defendant was guilty of gross negligence manslaughter
What is the primary requirement for causation in gross negligence manslaughter?
The breach of duty must have caused the victim's death
In R v Slingsby, what was the court's ruling regarding the base offence?
The base offence was not complete because the defendant had not intended to cause harm to the victim
What is the primary requirement for the duty of care in gross negligence manslaughter?
The defendant must have owed a duty of care to the victim in a criminal law context
In R v Broughton, what was the court's ruling regarding the defendant's conduct?
The defendant's conduct was not grossly negligent and did not cause the victim's death
What is the test for breach of duty in gross negligence manslaughter?
What a reasonable person would have done in the circumstances
What is required for gross negligence manslaughter?
A serious and obvious risk of death
What is the role of the jury in gross negligence manslaughter?
To decide whether the breach was grossly negligent
What is the difference between murder and reckless manslaughter?
Murder requires intent, while reckless manslaughter requires recklessness
What is the standard of care in gross negligence manslaughter?
The standard of an expert in the field
What is required for the prosecution to prove gross negligence manslaughter?
That the breach of duty caused the victim's death
Test your knowledge on the elements of Involuntary Manslaughter, including unlawful and dangerous act, causation, and more. Review the circumstances and results required for this crime.
Make Your Own Quizzes and Flashcards
Convert your notes into interactive study material.
Get started for free
