Manslaughter - Involuntary 0.0 / 5 ? LawCriminal lawA2/A-levelOCR Created by: 10dhallCreated on: 10-01-17 12:08 What is involuntary manslaughter? Unintentional killing resulting from criminal negligence 1 of 15 What are the three types? Dangerous act, gross negligence and reckless manslaughter 2 of 15 What is gross negligence manslaughter? A lawful act carried out negligently or by omission 3 of 15 What are the factors? The D must have a duty of care to V and must result in the death of V 4 of 15 What are some cases on this? Donoghue v Stevenson 1932, Adamako 1995, Khan v Khan 1998, Pittwood 1902, Stone and Dobinson 1977 5 of 15 What is the objective test? An obvious risk of injury, appreciated the risk and the D ran it anyway nevertheless, displayed failure to deal with the serious risk 6 of 15 Who has a duty of care? For example; doctors to their patients, carer to their patients, electricians to clients 7 of 15 What are the problems with this area of the law? Uncertainty because the jury decide, the law on manslaughter is too wide, mixed moral messages, some decisions are criticised 8 of 15 What is unlawful act manslaughter? This is where manslaughter occurs due to a dangerous act 9 of 15 What are the factors? There must be an act, an omission is not enough, the D must have the right level of mens rea, must be dangerous and a crime 10 of 15 What is an exception? The D will not be guilty if they have a defence, but not intoxication 11 of 15 Cases? Lamb 1967, Kennedy 2007, Watson 1989 12 of 15 Problems with this area of the law? Too wide, harsh on the accused, law is too complex, overlap between gross negligence and unlawful act 13 of 15 What is reckless manslaughter? Carelessness, defendant is aware of the risk and took it anyway - actions were the cause of death 14 of 15 Factors? Killing another through serious risk of injury 15 of 15
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