Summary
Summary Involuntary Manslaughter
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Includes summaries on: - Unlawful Act Manslaughter - Gross Negligence Manslaughter
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Must be an act - Offence,not omission (R v - Used when has a lower MR than murder.
Lowe)
Can be an act or omission
Involuntary Manslaughter GNMS
R v Broughten developed the
R v Broughten
Adomako case test and placed a
Unlawful -
higher requirement on causation.
UAMS Creating a new 6 stage test
Must be criminal. Needn’t be directed at V or
anyone. Can include assisting drug use (R v
Rodgers)
Act -
1. D owed an existing DOC to the V;
AR Must be dangerous (objective test). Whether
D believed it was dangerous is irrelevant. (R v 2. D breached the DOC;
Church - )
3. At the time of the breach there was a serious or
Causation (R v Carey & Ors). obvious risk of death; (R v Singh) - discussion of 'Gross'
Serious = nature of the risk of death must be much more
than minimal or remote;
MR Only MR of unlawful act needed.
(DPP v Newbury and Jones) 4. Point 3 must be reasonably foreseeable
to cause the death of the V;
5. BODOC caused or made a significant contribution to the
death of V - need causation! - any uncertainties in D's favour
6. Jury must decide that the circumstances of the breach were
truly exceptionally bad. (R v Misra and Srivastava)
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