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wilma- passed away by shock, due to seeing what happened to her husband.

you can argue its forseeable for someone to collapse by seeing someone in such state and by seeing her husband in such state.

Also, this would make this unlawful act manslaughter.

R v Dawson

objective test- by dangerous act, pointing at an unloaded gun at someone.

so, the defendant would be liable for this.

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Monica - died from a heart attack caused by shock at the situation:

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Monica - died from a heart attack caused by shock at the situation:

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Base offence - Assault - intentionally or recklessly causing the victim to apprehend the application of immediate unlawful violence

A - pointing the gun at her son. Intend? No reckless? - P - Aware risk - family home. They will believe that they are likely to be shot as well as Derek.

Transferred malice - Latimer

Church test - Edmund Davie -Reasonable person would foresee the risk of at least some physical harm from a night break-in. pointing the gun at Vincent As well as threatening someone with a gun. This is clearly dangerous. Gun unloaded. Dawson - no risk of physical harm.

A reasonable person would foresee that an elderly person startled by an armed burglar may suffer physical harm. (Watson) Therefore, causation is satisfied. Carey/Dawson – fright alone is insufficient unless there is physical harm risk; BUT when a frail or elderly victim is confronted, the reasonable person would foresee some harm.

Derek is likely guilty of unlawful act manslaughter for Monica’s death.

Watson – burglars are liable for harm to vulnerable victims they confront.

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Issue - whether or not Derek is liable for UAM of Vincent.

Rule - DPP v Newbury established requirements for UAM

Unlawful act committed = assault, battery. Pushing caused the death which is the base offence. Definition - unlawful application of force (Collins v Wilcock). Indirect force - DPP v K.

MR battery - intention or subject recklessness (Venna) - Intended to apply force. Base offence - AR + MR (Lamb)

Intention = Derek broke into house, threatened to shoot him and then pushed him deliberately.

Factual causation = but for being pushed Vincent would not have experienced internal bleeding. (Pagett) (White)

Legal causation = Pagett

R v Smith - operating substantial cause.

Break in the chain - defendant was an intervening act (Jordan - palpably wrong treatment). Prosecution - no break in chain. Significant contribution to the injury. Distinguish Jordan - wound mainly healed. Still operating. Cheshire - medical negligent treatment will only break the chain if it is 'extraordinary, unusual and so potent' and overwhelming (Smith).

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Dangerous act - objective test. Pointing at an unloaded gun at someone - emotional harm is the risk not physical (Dawson) - Carey.

Causation - Egg shell skull would be (Blaue) but will fail as it was not a dangerous act.

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Vincent woke up one night by the sound of breaking glass from the kitchen. He went downstairs, turned on the light, and saw a man (Derek) in his kitchen, who had clearly broken a window to gain entry. Hearing Vincent approach, Derek quickly picked up a shotgun he had found lying on the kitchen table and shouted: “Don’t come any nearer, or I’ll shoot”. Vincent continued to walk towards Derek as he knew

that he had left the gun unloaded when he had finished cleaning it earlier that evening.

Vincent’s 80-year old mother, Monica, and wife, Wilma, then arrived in the kitchen, as they too had been woken by the noise. When Monica saw what was happening, she collapsed on the floor. Vincent turned around to attend to his mother and Derek used this opportunity to push him away. Vincent lost his balance, fell, and hit his head against the cooker which rendered him unconscious, with dangerous internal bleeding. Seeing what had happened to her husband, Wilma also collapsed. Meanwhile, hearing the noise, a neighbour had called emergency services. Derek was arrested at the scene. Derek, Monica and Wilma were put in ambulances.

Monica died on the way to hospital and medical evidence confirms that she died as a result of a heart attack caused by the shock. Wilma was found to have already died

the moment she collapsed at the house, as a result of an unrelated and undiagnosed heart condition.

Vincent was taken to the hospital emergency department and left on a trolley, in the care of Dr Watson. Dr Watson had been coming to the end of a long and tiring nightshift, having already worked multiple night shifts over the previous few days. In what he later claimed was a ‘moment of madness’, Dr Watson administered some incorrect medication and was then called away to deal with another urgent patient. Dr Watson then forgot all about Vincent. By the time another member of staff discovered him, it was too late. Vincent died from the untreated internal bleeding.

Discuss Derek and Dr Watson’s liability for manslaughter

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https://prezi.com/p/sklmharlznog/?present=1

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Involuntary Manslaughter Unlawful Act Manslaughter Gross Negligence Manslaughter DPP v Newbury Adomako Duty of Care Gross Negligence and a crime Causation Intention Adomako Lord Mackay Egg Shell - AG Ref No. 2 1999 - R v DPP exp Jones - Rowley v DPP Factual Blaue Ordinary