Involuntary Manslaughter (AQA A-Level Law): Flashcards
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Practise the cards
10 cards from this deck
Mental element lacking in involuntary manslaughter
Mental element lacking in involuntary manslaughter
Intention to kill or cause GBH
Two forms of involuntary manslaughter
Two forms of involuntary manslaughter
Unlawful act & gross negligence manslaughter
Alternative name for unlawful act manslaughter
Alternative name for unlawful act manslaughter
Constructive manslaughter
Can unlawful act manslaughter be committed by omission?
Can unlawful act manslaughter be committed by omission?
No - must be a positive act (R v Lowe)
Church test for dangerousness in unlawful act manslaughter
Church test for dangerousness in unlawful act manslaughter
Would reasonable people recognise risk of some harm?
Mens rea for unlawful act manslaughter
Mens rea for unlawful act manslaughter
Only mens rea of the base unlawful act
Number of elements in R v Broughton test
Number of elements in R v Broughton test
Six elements
Risk required for gross negligence manslaughter
Risk required for gross negligence manslaughter
Serious & obvious risk of death (not just injury)
Can gross negligence manslaughter be by omission?
Can gross negligence manslaughter be by omission?
Yes (unlike unlawful act manslaughter)
Final element of gross negligence manslaughter
Final element of gross negligence manslaughter
Jury finds breach truly exceptionally bad/criminal