Involuntary Manslaughter Lecture Notes

**[INVOLUNTARY MANSLAUGHTER]** **[Where D kills, but does not have the intention to kill/do GBH:-]** There are two possible charges:- unlawful act manslaughter, gross negligence manslaughter These two types of manslaughter are known as "involuntary manslaughter". Other homicide offences, such...

**[INVOLUNTARY MANSLAUGHTER]** **[Where D kills, but does not have the intention to kill/do GBH:-]** There are two possible charges:- unlawful act manslaughter, gross negligence manslaughter These two types of manslaughter are known as "involuntary manslaughter". Other homicide offences, such as causing death by dangerous driving, are not covered on this syllabus. 1. **Unlawful act manslaughter** **(constructive manslaughter) - *Also known as constructive manslaughter because the law is constructing a new homicide offence.*** **AG's Ref (no. 3) \[1994\] -** the offence has four requirements/elements i. **D's act was intentional/voluntary - *R v Lowe i.e. a positive voluntary act, not an omission\ \ *** ii. **D committed an unlawful act -- *It must be acknowledged with whether the act should be 'criminal' (R v Franklin)*** R v Franklin \[1883\] Andrews v DPP \[1937\] -- offences satisfied by a negligent mens rea, or strict liability offences will not suffice -\> Must be satisfied by intention/recklessness R v Lowe \[1973\] -- Child neglect falls below the standards of the reasonable and competent parent. Hence, acts of negligence will not suffice. R v Lamb \[1967\] -- Two boys were playing with a revolver and did not know how it functions properly. The boy jokingly shot his friend and the friend died. Because he had no aim, desire or purpose to kill his friend, he would not be guilty for manslaughter. R v Larkin \[1942\] -- UA can be a minor offence -\> Defendant's wife had her throat slit by a razor blade a... iii. **D's act was "dangerous"** R v Church \[1966\] **"all sober and reasonable people would foresee the risk some non serious harm as inevitable as a result of the unlawful act"** (Per Lord Edmund --Davies) R v Dawson \[1985\] -- reasonable knowledge that D has acquired through offence -\> D and others were robbing a petrol station but the worker (V) dies from a heart attack. R v Watson \[1989\] -- Can be physical or psychological harm, but not emotional harm. R v Ball \[1989\] R v M \[2012\] (renal artery aneurysm) = -The reasonable and sober person (or D) would not have to foresee the precise type of harm which ensued. R v Bristow \[2013\] JF \[2015\] EWCA Crim 351 iv. **The unlawful act must cause the death factually and legally** See previous notes on causation **Heroin -- injecting another with the drug -** R v Cato \[1976\] 1 All ER 260 -- s.23 OAPA 1861 **\ ** **Gross negligence manslaughter** R v Adomako \[1995\] -sets out the elements of the offence i. **D must owe v a duty of care** [See below criminal law duty situations] R v Wacker \[2003\] ii. **D breached the duty of care** Blyth v Birmingham Waterworks iii. **The breach must pose a risk of death that is serious and obvious; and reasonably foreseeable** R v Rose \[2017\] The risk of death has to be obvious to a reasonable person **at the time of the breach** iv. **The breach of duty caused the death of v factually and legally** Please see your previous notes on causation. v. **The breach of the duty was gross** R v Adomako \[1995\] R v Misra \[2005\] --followed the direction given in Adomako and confirmed that the current law is sufficiently certain.\ \ \"something which was truly exceptionally bad which showed such an indifference to an obviously serious risk of death of the deceased and such a departure from the standard to be expected as to amount to a criminal act and omission and so to be the very serious crime of manslaughter\". Note: this wording was confirmed in Sellu \[2016\] AG's Ref (No. 2) \[1999\] R v Bateman \[1925\]. Gross negligence manslaughter and omissions/duty situations **-duty imposed by statute** R v Lowe \[1973\] **-duty imposed through D having custody or control of v** R v Stone and Dobinson \[1977\] **-duty imposed by being a parent or guardian** R v Downes \[1875\] **-duty imposed where D creates a dangerous situation** R v Miller \[1983\] R v Evans \[2009\] -- **Relevant authority when you have supplied the victim with heroin, it does not matter that they have self-injected** **-duty imposed by reason of job/contract** R v Adomako \[1995\] R v Pitwood \[1902\] **\ **