Podcast
Questions and Answers
What distinguishes involuntary manslaughter from murder?
What distinguishes involuntary manslaughter from murder?
- The defendant's intention to cause harm. (correct)
- The use of a weapon.
- The severity of the resulting harm.
- The victim's consent to the act.
Which of the following must be true of the defendant’s act in involuntary manslaughter?
Which of the following must be true of the defendant’s act in involuntary manslaughter?
- It must be an omission to act.
- It must be directed at the victim.
- It can be any act, lawful or unlawful.
- It must be an unlawful act. (correct)
According to R v Church, what test is used to determine if an act is dangerous in the context of involuntary manslaughter?
According to R v Church, what test is used to determine if an act is dangerous in the context of involuntary manslaughter?
- A test based on the victim's perception of danger.
- An objective test based on what sober and reasonable people would realize. (correct)
- A subjective test based on the defendant's perception.
- An arbitrary determination by the judge.
In the context of involuntary manslaughter, what level of harm needs to be foreseeable from the unlawful act according to R v Larkin?
In the context of involuntary manslaughter, what level of harm needs to be foreseeable from the unlawful act according to R v Larkin?
What is the significance of factual causation in cases of involuntary manslaughter?
What is the significance of factual causation in cases of involuntary manslaughter?
In a case of involuntary manslaughter, if the unlawful act did not factually cause the victim's death, what is the likely legal outcome according to R v Carey?
In a case of involuntary manslaughter, if the unlawful act did not factually cause the victim's death, what is the likely legal outcome according to R v Carey?
Which of the following scenarios is least likely to constitute an unlawful act for the purposes of involuntary manslaughter?
Which of the following scenarios is least likely to constitute an unlawful act for the purposes of involuntary manslaughter?
According to R v Goodfellow, what level of consequence needs to be directed at the victim for act of involuntary manslaughter to occur?
According to R v Goodfellow, what level of consequence needs to be directed at the victim for act of involuntary manslaughter to occur?
Which best describes the defendant's state of mind in a scenario of involutary manslaughter?
Which best describes the defendant's state of mind in a scenario of involutary manslaughter?
From the below scenarios, which wouldn't fulfil the dangerous requirement?
From the below scenarios, which wouldn't fulfil the dangerous requirement?
Flashcards
Involuntary Manslaughter
Involuntary Manslaughter
Unlawful killing without the intention to kill or cause grievous bodily harm (GBH).
Unlawful Act Requirement
Unlawful Act Requirement
The defendant must commit an unlawful act; any criminal offence will suffice.
Omission Exclusion
Omission Exclusion
An omission (failure to act) cannot be the basis for an unlawful act.
Dangerous Act Test
Dangerous Act Test
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Directed at Victim
Directed at Victim
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Causation Requirement
Causation Requirement
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Defendant Liability
Defendant Liability
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Study Notes
- Involuntary Manslaughter involves an unlawful killing where the defendant lacks the intention (direct or oblique) to kill or cause GBH
- The absence of intention differentiates involuntary manslaughter from murder
Unlawful Act Requirement
- The defendant must commit an unlawful act
- Any criminal act can suffice (Rv Lamb)
- An omission cannot be the unlawful act; it has to be an actual act (Rv Lowe) or (Khan and Khan)
Dangerousness of the Act
- An objective test is applied to determine dangerousness; all sober and reasonable people must recognize some risk of harm (Rv Church)
- There's no requirement that the unlawful act targets the victim or is directed at a person (Rv Goodfellow)
- The potential harm only needs to be somewhat, not necessarily serious (R v Larwin)
Causation of Death
- The act must cause death.
- The result must be such that it would not have happened but for the defendant's actions (Rv White)
- Liability is avoided if the unlawful act did not cause the death (Rv Carey)
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