Zusammenfassung der Ressource
Section B - AO1
- Define involuntary manslaughter as being three types
- unlawful act manslaughter
- Gross negligent Manslaughter
- Reckless manslaughter
- Unlawful Act Manslaughter
- The D must do an unlawful act-Franklin
- cannot be an omission- Lowe
- The act must be dangerous on an objective test (some harm) - Franklin and SM + JM
- The act must cause the death- Kennedy
- The act must require mens rea- Newbury and Jones
- Intentionally
- Reasonable man must foresee some harm
- Gross Negligent Manslaughter
- The existence of a duty of care towards the victim
- Breach of that duty of care which causes death
- which the jury considers to be criminal
- Negligence on a part of the D must be so 'gross' in the eyes of the jury to be deemed criminal
- Singh, Bateman and Misra +another
- Reckless Manslaughter
- After the decision in Adomako - rumoured no longer to exists
- Although in Lidar the judge referred to recklessness
- The D could have been convicted under Gross Negligent Manslaughter
- Omissions in relation to Doctors and Medical Treatment
- if Doctors decide it is in the patients best interest then it Is not unlawful
- Although, euthanasia by a positive act termininating a patients life would remain unlawful.
- Bland, Jordan and Dytham.