Involuntary Manslaughter in Criminal Law

<p>Unlawful act manslaughter</p> Signup and view all the answers

<p>At either end of the spectrum, depending on D's conduct</p> Signup and view all the answers

<p>D must have had any mens rea as to the dangerousness of her action(s) or as to the resulting death</p> Signup and view all the answers

<p>It must be an offence requiring subjective mens rea.</p> Signup and view all the answers

<p>It ruled that negligence-based driving offences cannot be used as the base offence for UAM.</p> Signup and view all the answers

<p>Gross Negligence Manslaughter</p> Signup and view all the answers

<p>It must be an act, not an omission.</p> Signup and view all the answers

<p>It replaces the absent mens rea for basic intent offences.</p> Signup and view all the answers

<p>A sober and reasonable person would have foreseen the risk of harm to V.</p> Signup and view all the answers

<p>They help to determine whether a sober and reasonable person would have foreseen the risk of harm to V.</p> Signup and view all the answers

<p>It eliminates UAM liability altogether.</p> Signup and view all the answers

<p>It provides the foundation for UAM liability.</p> Signup and view all the answers

<p>The base offence requires the same level of mens rea as UAM.</p> Signup and view all the answers

<p>A serious and obvious risk of death to the victim</p> Signup and view all the answers

<p>Proof that the defendant's conduct fell below that of a reasonable person</p> Signup and view all the answers

<p>It breaks the chain of causation between the defendant's base offence and the victim's death</p> Signup and view all the answers

<p>Act-based cases</p> Signup and view all the answers

<p>That the risk of death was reasonably foreseeable</p> Signup and view all the answers

<p>That the defendant's breach caused the victim's death</p> Signup and view all the answers

<p>The driver's actions must have fallen far below what would be expected of a competent and careful driver.</p> Signup and view all the answers

<p>They criminalize drivers for causing death even when they are not at fault.</p> Signup and view all the answers

<p>The mother's mind was disturbed due to birth or lactation.</p> Signup and view all the answers

<p>Because a foetus is not a person in law until it is fully independent of its mother.</p> Signup and view all the answers

<p>It confirmed that the driver's actions must have caused death through some fault on their part.</p> Signup and view all the answers

<p>The standard of a competent and careful driver is the benchmark against which the driver's actions are judged to be dangerous.</p> Signup and view all the answers

<p>When D has special knowledge or risks to V that may not be obviously apparent to a reasonable person</p> Signup and view all the answers

<p>A risk that a reasonable person would have foreseen</p> Signup and view all the answers

<p>A risk of a legally recognised harm</p> Signup and view all the answers

<p>D's base offence must cause V's death, but there is no requirement for D to have intended or known this result</p> Signup and view all the answers

<p>The standard causation rules, including 'but for' and 'proximate' cause</p> Signup and view all the answers

<p>When D appears healthy and there are no obvious physical hazards</p> Signup and view all the answers

<p>But for D's conduct, the death would not have occurred.</p> Signup and view all the answers

<p>D's negligence must have been sufficiently gross to be deserving of criminal liability.</p> Signup and view all the answers

<p>Voluntary manslaughter involves an intentional killing, while involuntary manslaughter does not.</p> Signup and view all the answers

<p>To reduce D's liability from murder to voluntary manslaughter.</p> Signup and view all the answers

<p>D's recognised medical condition must have substantially impaired her capacity to understand the nature of her conduct.</p> Signup and view all the answers

<p>D's conduct must not have been motivated by a considered desire for revenge.</p> Signup and view all the answers

<p>The prosecution must disprove beyond a reasonable doubt that D's conduct was motivated by a considered desire for revenge.</p> Signup and view all the answers

<p>The partial defence of loss of self-control is not applicable.</p> Signup and view all the answers

<p>D must have killed V in pursuance of an agreement that they would both die together.</p> Signup and view all the answers

<p>Murder requires an intention to kill, while manslaughter does not.</p> Signup and view all the answers

<p>It explains why D had the mens rea for murder.</p> Signup and view all the answers

<p>Fear of serious violence from the victim.</p> Signup and view all the answers

<p>It does not apply where D has consciously caused the conditions of her own defence.</p> Signup and view all the answers

<p>The things said or done must be of an extremely grave character.</p> Signup and view all the answers

<p>It confirms that the requirement of a loss of self-control will remain a significant hurdle.</p> Signup and view all the answers

<p>The former arises from fear of violence, while the latter arises from a sense of being seriously wronged.</p> Signup and view all the answers

<p>The feeling of being wronged must be objectively justifiable</p> Signup and view all the answers

<p>All of the above</p> Signup and view all the answers

<p>It reduces D's liability from murder to voluntary manslaughter</p> Signup and view all the answers

<p>On the balance of probabilities</p> Signup and view all the answers

<p>A recognised medical condition</p> Signup and view all the answers

<p>It is not a legally recognised condition for the purposes of DR</p> Signup and view all the answers

<p>Where D has a recognised condition that caused the intoxication</p> Signup and view all the answers

<p>On the balance of probabilities</p> Signup and view all the answers

<p>Corporate defendants</p> Signup and view all the answers

<p>An unlimited fine, potentially combined with a remedial order and/or a publicity order</p> Signup and view all the answers