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20 Cards in this Set
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Involuntary Manslaughter By unlawful or dangerous act ->Constr Mans ~unlawful or dangerous act which results in death ~generally involves assault |
R v. Larkin 1943 ~waved blade with intent to frighten not kill - woman falls on blade cuts throat and dies ~guilty -> 'sober and reasonable person' would have realised the danger |
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The People v. Crosbie & Meehan 1966 ~fight at the docks ~victim died from knife wound ~was used to intimidate, not self defense |
D.P.P v. Wayne O'Donoghue 2006
~assaulted minor resulting in death ~Guilty of unlawful and dangerous manslaughter |
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1. The unlawful act must be dangerous ''The unlawful act must such as all sober and reasonable people would inevitably recognise the risk of harm'' Lord Justice Davis |
R v. Church 1965 ~couldn't perform sexually ~taunted -> unconscious ~believed death -> body in river ~COD = drowning ~convicted of manslaughter but should have been murder |
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R v. Dawson 1985 ~3 men, attempted to rob petrol station ~60yr old clerk died of heart attack ~manslaughter conviction quashed on appeal as a reasonable person could not have known he had heart condition |
R v. Watson 1989
~broke into home of 87 year old man ~heart attack ~on appeal, conviction quashed -> could not be establish the break in caused the heart attack |
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DPP v. Horgan 2007 ~Horgan was convicted of rape and murder as 16yr old ~reduced to manslaughter ~ Kearnes J stated, 'dangerous' is to be judged objectively |
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2. The unlawful act need not be directed at the victim |
R v. Mitchell 1983 ~Skip de-do-da the queue at post office. ~old man challenged him ~punched and pushed old man -> fell on elderly woman who broke her leg and subsequently died ~Found guilty of manslaughter ''Egg shell skull rule'' |
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3. The act must be a criminal one |
Andrews v DPP 1937 ~drove van above the speed limit and overtook a car ~killed pedestrian ~convicted of manslaughter as reckless driving is a criminal offence |
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A.G. v. Maher 1937 ~killed a man while driving without a valid license ~not a sufficient unlawful act ~''must be an act not an omission'' |
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4. The Act must cause death |
R v. Cato 1976 ~Cato bought heroin ~shared with friends ~his friend anthony farmer found dead next day ~Cato guilty of Manslaughter |
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5. One punch manslaughter |
R v. Holzer 1968 ~Holzer started fight with man ~Hit mans friend who fell and hit his head -> died as result ~Guilty of manslaughter Justice Smith stated ''a person is guilty of manslaughter if the person dies from the infliction of force'' |
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6. Action Short Physical Assault |
DPP v Daley and McGhie 1980 ~chased victim while throwing stones ~while trying to escape, tripped and fell -> found dead ~guilty of manslaughter ''his fear of being hurt was reasonable and was caused by the conduct of the defendants |
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R v. JM & SM 2012 ~bro's fighting with doorman ~anurysm ~later collapsed ~no evidence of physical harm ->requirements are the unlawful act must be dangerous and would subject the victim to a form of physical harm |
Creamer 1966 Results ''which are neither foreseen nor intended. can be the accident of death, which makes one guilty'' |
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Gross negligent manslaughter ~defendant feels they are acting lawfully ~defendant causes death but did not intend to and therefore lacks mens rea |
People(A.G.) v Dunleavy 1948 ~taxi driver driving on wrong side with no lights on, hits and kills cyclist ~court of criminal appeal quashed his manslaughter conviction as they held that the negligence would have to be of a very high degree to warrant manslaughter conviction ~established The Dunleavy Test |
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The Dunleavy Test ~Was the accused negligent ~Did the negligence cause the death of the victim ~Was the negligence of a very high degree ~Did the negligence involve a high degree of risk |
People(DPP) v. Cullagh 1999 ~woman killed when thrown from chairoplane ~accused found guilty of gross negligent manslaughter as he was aware of the rides state of disuse and disrepair when he purchased it |
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English View: ~only risk of death will suffice for manslaughter conviction ~in ireland, risk of death or serious injury |
R v. Adomako 1994 ~anaesthetist failed to realise oxygen pipe became disconnected ~guilty of gross negligent manslaughter |
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R v. Wacker 2009 ~Lorry driver ~60 Chinese illegal immigrants in container from rotterdam to uk ~58 sufficated ~held that although involved in illegal activity with accepted degree of risk on victim part -> accused owed duty of care ~convicted of gross negligent manslaughter |
R v. Evans 2009 ~supplied 17 year old sister with drugs and saw her overdose ~did not seek medical help for fear of the police ~her and her mother found guilty of gross negligent manslaughter |
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Omissions Generally, criminal law does not punish a failure to act. Eg, if James sees Denise drowning and watches. James is not guilty of a crime. However there is exceptions. |
1 Duty of parent toward children |
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2 Duty voluntarily assumed |
R v. Stone & Dobson 1977 ~low intellect man living with girlfriend ~elderly sister lodger -> refused to eat ~wanted to call her doctor but she wouldnt tell them who her doctor was. ~She died -> guilty of manslaughter as had voluntarily assumed responsibility for the deceased |
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3. Creation of danger |
R. Miller 1983 ~homeless man sets fire to matress by dropping cigarette ~failed to put out fire ~guilty of manslaughter R v. Evans 2009 -> summary on prev card |
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4. Duty under contract |
R v. Pittwood 1902 ~gatekeeper failed to close gate which resulted in death-> guilty of manslaughter R v. Dytham 1979 ~policeman failed to intervene in a fight ~man kicked to death ~found guilty of misconduct |
