Involuntary Manslaughter (OCR A-Level Law): Flashcards
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Definition: involuntary manslaughter
Definition: involuntary manslaughter
Death without intent required for murder
Two categories of involuntary manslaughter
Two categories of involuntary manslaughter
Unlawful act & gross negligence manslaughter
Can omission = unlawful act manslaughter? (R v Lowe 1973)
Can omission = unlawful act manslaughter? (R v Lowe 1973)
No, requires positive act
R v Church (1965) 'dangerous' test
R v Church (1965) 'dangerous' test
Would reasonable people recognise risk of some harm? (objective)
Mens rea for unlawful act manslaughter
Mens rea for unlawful act manslaughter
Mens rea for underlying act only, not death
Gross negligence manslaughter definition
Gross negligence manslaughter definition
Death from grossly negligent breach of duty of care
No. of elements in R v Broughton (2020) test
No. of elements in R v Broughton (2020) test
Six elements
Risk needed for gross negligence manslaughter
Risk needed for gross negligence manslaughter
Serious & obvious risk of death (not injury)
Can gross negligence manslaughter be by omission?
Can gross negligence manslaughter be by omission?
Yes, where duty of care exists
Breach threshold for gross negligence manslaughter
Breach threshold for gross negligence manslaughter
Truly exceptionally bad & reprehensible