Involuntary Manslaughter Problem Question - Unlawful Act Manslaughter by katiewoodhead https://padlet.com/katiewoodhead123/p22ihelpmmob Structure en-us 2017-06-02 16:11:16 UTC 2017-06-02 16:50:14 UTC hello@padlet.com Involuntary Manslaughter katiewoodhead123 https://padlet.com/katiewoodhead123/p22ihelpmmob/wish/175000918 An unlawful killing where the D does not have the intention, either direct or oblique, to kill or cause GBH. ]]> 2017-06-02 16:12:25 UTC https://padlet.com/katiewoodhead123/p22ihelpmmob/wish/175000918 Unlawful Act Manslaughter katiewoodhead123 https://padlet.com/katiewoodhead123/p22ihelpmmob/wish/175001218 > Unlawful act.
> Dangerous on objective test.
> Cause death.
> Required MR.]]> 2017-06-02 16:14:17 UTC https://padlet.com/katiewoodhead123/p22ihelpmmob/wish/175001218 The D must do an unlawful act katiewoodhead123 https://padlet.com/katiewoodhead123/p22ihelpmmob/wish/175001361 Lamb - Two friends are playing with a revolver. They know that two of the five chambers are loaded with bullets but thought it would not fire unless one of the bullets was opposite the barrel. They knew there was no bullet in this position but did not realise that the cylinder turned so that a bullet from the next chamber along would be fired. Lamb pointed the gun at his friend and pulled the trigger and killed him. Not Guilty. *There must be an unlawful act*
Lowe - D convicted of wilfully neglecting his baby son and of his manslaughter. The trial judge directed the jury that if they found the D guilty of wilful neglect then was also guilty of manslaughter. The CA disagreed and quashed the conviction. *An omission is not enough*]]> 2017-06-02 16:15:18 UTC https://padlet.com/katiewoodhead123/p22ihelpmmob/wish/175001361 Dangerous on an objective test katiewoodhead123 https://padlet.com/katiewoodhead123/p22ihelpmmob/wish/175002404 Larkin - D threatened another man with an open cut-throat razor, to frighten him. The mistress of the man being threatened tried to intervene but because she was drunk she fell on to the open blade and died from her throat being cut. Guilty. *Dangerous act*
JM and SM -  During a fight between the defendants and some doormen V (a doorman) collapsed and died. This was due to blood loss due to a ruptured renal artery resulting from a weakness in the artery wall. At trial the judge ruled that the jury needed to be satisfied that ‘the victim died as a result of the sort of physical harm that any reasonable … person would inevitably realise the unlawful act in question risked causing’. Guilty. *They did not have to foresee any specific type of harm caused just a risk of some harm.*
Mitchell - D pushed/punched old man who fell into an old woman who died. Guilty. *Dangerous act/transferred malice*
Goodfellow - D set fire to his council flat so that he could be rehoused by the council.  The fire got out of control and his wife, son and another woman died in the fire.  He was convicted of manslaughter and appealed. CA upheld the conviction as all the elements of unlawful act manslaughter were present. *A dangerous act can be aimed at property*
Dawson - Three defendants attempted to rob a petrol station. They were masked and armed with pick-axe handles. The petrol station attendant managed to sound the alarm but dropped dead from a heart attack. Causing him fear through the attempted robbery was not a ‘dangerous’ act and did not make this manslaughter. Not Guilty. *Harm risked has to be physical, apprehension or fear is not enough.*]]> 2017-06-02 16:23:10 UTC https://padlet.com/katiewoodhead123/p22ihelpmmob/wish/175002404 Cause the death katiewoodhead123 https://padlet.com/katiewoodhead123/p22ihelpmmob/wish/175003193 Causation
Factual - *But for test*
Pagett - D held a female hostage in front of him as a human shield when he fired at the police whilst trying to escape arrest. The police fired back and she was killed. Guilty of Manslaughter.
White - D put arsenic in his mother’s tea but she died of a heart attack before drinking it. Guilty of Attempted Murder.

Legal
Kimsey - D lost control of her car during an illegal road race killing another girl. Guilty of Manslaughter. *More than a slight or trifling link*
Benge -  D misread a train timetable meaning his work crew were on the track when a train came and caused several deaths. Although there were several contributory factors D was still Guilty. *D does not need to be the sole cause*
Blaue - D stabbed V who then refused a blood transfusion on religious grounds, even though it was the only way to save her life. Guilty. *Thin Skull Rule – D must take the victim as he finds them*

Intervening Act
Medical Mistreatment
Smith - D had a fight with another soldier and stabbed V. Doctors provided poor treatment which reduced V’s chances of survival by 75 %. There was held to be no break in the chain and D was Guilty. *D’s acts were an operating and substantial cause.* 
Cheshire - D shot the V in the thigh and stomach and as a result of this V needed major surgery. He developed breathing problems and was given a tracheotomy, but died from rare complications from it two month later. By this time his original wound was virtually healed. D was Guilty. *D’s acts must contribute significantly*
Jordan - D stabbed v in the stomach. He was treated in hospital and the wounds were healing well. He was given an antibiotic but he suffered a severe allergic reaction.  The doctor stopped its use but the next day a different doctor gave a large dose. The V died but D was Not Guilty as the chain was broken. *A sufficiently independent Act will break the chain.*

Victims Own Actions
Roberts - D was liable for the V’s injuries when she jumped from his car travelling 20-40mph in order to avoid his sexual advances. *Daft Test*

Acts of God
Hart - D left V unconscious on the beach below the high tide mark. V died. Guilty as this was a foreseeable event. *Acts of God*

Self Neglect
Dear - D had repeatedly slashed V with a knife after being told V had interfered sexually with D’s 12 year old daughter. V opened the wounds again after his original treatment and bled to death leaving a suicide note. Guilty no break in the chain. *Self neglect*
Holland - D left V unconscious on the beach below the high tide mark. V died. Guilty as this was a foreseeable event. *Self neglect*

Third Parties
Benge - D misread a train timetable meaning his work crew were on the track when a train came and caused several deaths. Although there were several contributory factors D was still Guilty. *D does not need to be the sole cause*
]]> 2017-06-02 16:29:02 UTC https://padlet.com/katiewoodhead123/p22ihelpmmob/wish/175003193 Mens Rea katiewoodhead123 https://padlet.com/katiewoodhead123/p22ihelpmmob/wish/175005967 Newbury and Jones]]> 2017-06-02 16:49:51 UTC https://padlet.com/katiewoodhead123/p22ihelpmmob/wish/175005967