Podcast
Questions and Answers
What is the main difference between voluntary and involuntary manslaughter?
What is the main difference between voluntary and involuntary manslaughter?
- The severity of the sentence
- The level of intent to kill
- The level of negligence in the act
- The satisfaction of the mens rea of murder (correct)
What are the three main forms of involuntary manslaughter?
What are the three main forms of involuntary manslaughter?
- Unlawful act, gross negligence, and reckless manslaughter (correct)
- First-degree, second-degree, and third-degree manslaughter
- Gross negligence, reckless, and voluntary manslaughter
- Voluntary, unlawful act, and murder
What is required for liability in unlawful act manslaughter?
What is required for liability in unlawful act manslaughter?
- D must have the mens rea of murder
- D must have foreseen the risk of death
- D must have committed a criminal act in dangerous circumstances (correct)
- D must have intended to harm the victim
What type of manslaughter is also referred to as 'constructive manslaughter'?
What type of manslaughter is also referred to as 'constructive manslaughter'?
When can unlawful act manslaughter be applied?
When can unlawful act manslaughter be applied?
What is not required for liability in unlawful act manslaughter?
What is not required for liability in unlawful act manslaughter?
What is the primary requirement for the base offence in Unlawful Act Manslaughter (UAM)?
What is the primary requirement for the base offence in Unlawful Act Manslaughter (UAM)?
What is the significance of the Andrews v DPP case in the context of UAM?
What is the significance of the Andrews v DPP case in the context of UAM?
What is the alternative offence to UAM where liability can be found for omissions?
What is the alternative offence to UAM where liability can be found for omissions?
What is the requirement for the base offence in terms of act or omission?
What is the requirement for the base offence in terms of act or omission?
What is the effect of voluntary intoxication on liability for UAM?
What is the effect of voluntary intoxication on liability for UAM?
What is the primary requirement for the dangerousness element in UAM?
What is the primary requirement for the dangerousness element in UAM?
What is the significance of the four core questions in applying the test for dangerousness?
What is the significance of the four core questions in applying the test for dangerousness?
What is the effect of satisfying the elements of a complete defence on UAM liability?
What is the effect of satisfying the elements of a complete defence on UAM liability?
What is the primary significance of the base offence in UAM?
What is the primary significance of the base offence in UAM?
What is the relationship between the base offence and the mens rea required for UAM?
What is the relationship between the base offence and the mens rea required for UAM?
What is the essential element in gross negligence manslaughter that distinguishes it from other forms of manslaughter?
What is the essential element in gross negligence manslaughter that distinguishes it from other forms of manslaughter?
In gross negligence manslaughter, what is required to establish a breach of duty of care?
In gross negligence manslaughter, what is required to establish a breach of duty of care?
What is the effect of the victim's voluntary act of self-administering drugs in a drug supply case?
What is the effect of the victim's voluntary act of self-administering drugs in a drug supply case?
In what type of cases is the duty of care owed to the victim established through the defendant's positive acts?
In what type of cases is the duty of care owed to the victim established through the defendant's positive acts?
What is the objective requirement in gross negligence manslaughter that must be satisfied?
What is the objective requirement in gross negligence manslaughter that must be satisfied?
In gross negligence manslaughter, what must be proved after establishing a duty of care, breach of duty, and a serious and obvious risk of death?
In gross negligence manslaughter, what must be proved after establishing a duty of care, breach of duty, and a serious and obvious risk of death?
What is required for a driver's actions to be considered 'dangerous' under section 1 of the Road Traffic Act 1988?
What is required for a driver's actions to be considered 'dangerous' under section 1 of the Road Traffic Act 1988?
Why have the offences in sections 6.4.2.2, 6.4.2.3, and 6.4.2.4 been controversial?
Why have the offences in sections 6.4.2.2, 6.4.2.3, and 6.4.2.4 been controversial?
What is the primary requirement for the offence of infanticide?
What is the primary requirement for the offence of infanticide?
Why is the unlawful killing of a foetus not considered a homicide offence?
Why is the unlawful killing of a foetus not considered a homicide offence?
What is the significance of the Supreme Court's clarification on the offences in sections 6.4.2.2, 6.4.2.3, and 6.4.2.4?
What is the significance of the Supreme Court's clarification on the offences in sections 6.4.2.2, 6.4.2.3, and 6.4.2.4?
What is the relationship between the standard of a competent and careful driver and the concept of dangerousness in section 1 of the Road Traffic Act 1988?
What is the relationship between the standard of a competent and careful driver and the concept of dangerousness in section 1 of the Road Traffic Act 1988?
When is the exception made to consider D's subjective mind?
When is the exception made to consider D's subjective mind?
What is required for the dangerousness element to be satisfied?
What is required for the dangerousness element to be satisfied?
What is the requirement for the foreseeable risk of harm?
What is the requirement for the foreseeable risk of harm?
What is the requirement for the base offence to cause the death of V?
What is the requirement for the base offence to cause the death of V?
What is the standard applied to determine causation in UAM?
What is the standard applied to determine causation in UAM?
In what scenario may it be difficult to demonstrate an objectively foreseeable risk of harm?
In what scenario may it be difficult to demonstrate an objectively foreseeable risk of harm?
What is the requirement for D's conduct to be considered a cause of death in fact?
What is the requirement for D's conduct to be considered a cause of death in fact?
What is the threshold for negligence in gross negligence manslaughter?
What is the threshold for negligence in gross negligence manslaughter?
What is the distinction between voluntary and involuntary manslaughter?
What is the distinction between voluntary and involuntary manslaughter?
What is the purpose of the partial defence of loss of self-control?
What is the purpose of the partial defence of loss of self-control?
What is the requirement for the partial defence of diminished responsibility?
What is the requirement for the partial defence of diminished responsibility?
What is the element of the partial defence of loss of self-control that excludes D's conduct motivated by a considered desire for revenge?
What is the element of the partial defence of loss of self-control that excludes D's conduct motivated by a considered desire for revenge?
What is the burden of proof for the prosecution in establishing that D's conduct was not motivated by a considered desire for revenge?
What is the burden of proof for the prosecution in establishing that D's conduct was not motivated by a considered desire for revenge?
What is the result of a judge finding that D's conduct was motivated by a considered desire for revenge?
What is the result of a judge finding that D's conduct was motivated by a considered desire for revenge?
What is the requirement for the partial defence of suicide pact?
What is the requirement for the partial defence of suicide pact?
What is the distinction between manslaughter and murder?
What is the distinction between manslaughter and murder?
What is the primary significance of the term 'loss of self-control' in the context of the LOSC defence?
What is the primary significance of the term 'loss of self-control' in the context of the LOSC defence?
What is the first qualifying trigger that arises under Section 55 of the 2009 act?
What is the first qualifying trigger that arises under Section 55 of the 2009 act?
What is the significant limitation of the 'fear of serious violence' trigger under Section 55(6)(a)?
What is the significant limitation of the 'fear of serious violence' trigger under Section 55(6)(a)?
What is the minimum requirement for the 'things said or done' trigger under Section 55?
What is the minimum requirement for the 'things said or done' trigger under Section 55?
What is the significance of the Jewell approach in the context of the LOSC defence?
What is the significance of the Jewell approach in the context of the LOSC defence?
What is the primary difference between the 'fear of serious violence' and 'things said or done' triggers?
What is the primary difference between the 'fear of serious violence' and 'things said or done' triggers?
What is a requirement for the trigger of loss of control in murder?
What is a requirement for the trigger of loss of control in murder?
What is excluded from the trigger of loss of control in murder?
What is excluded from the trigger of loss of control in murder?
What is the effect of the partial defence of diminished responsibility on the liability of D?
What is the effect of the partial defence of diminished responsibility on the liability of D?
What is the burden of proof for the elements of diminished responsibility?
What is the burden of proof for the elements of diminished responsibility?
What is the link required between D's medical condition and the abnormality of mental functioning?
What is the link required between D's medical condition and the abnormality of mental functioning?
What is the effect of acute intoxication on the partial defence of diminished responsibility?
What is the effect of acute intoxication on the partial defence of diminished responsibility?
In what situations can the jury take into account both the recognised medical condition and the intoxication?
In what situations can the jury take into account both the recognised medical condition and the intoxication?
What is the burden of proof on D to establish the elements of the suicide pact defence?
What is the burden of proof on D to establish the elements of the suicide pact defence?
What is the corporate manslaughter offence applicable to?
What is the corporate manslaughter offence applicable to?
What is the effect of a finding of liability under the corporate manslaughter offence?
What is the effect of a finding of liability under the corporate manslaughter offence?
