Created by catriona.lilley
over 11 years ago
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Question | Answer |
Misra | MR for gross negligence manslaughter is gross negligence and the offence is certain enough to satisfy the requirements of a fair trial |
Hyam | Foresight of a high level of harm is sufficient MR for murder |
Cato | Injection of a willing individual with heroin is sufficient to establish unlawful act manslaughter |
R v Johnston and others | Medical evidence required to prove causation |
R v Wacker | Criminal liability for gross negligence manslaughter can be established when the victim and D were jointly involved in criminal enterprise |
Lamb | For unlawful act manslaughter to be made out, D must have the MR for the unlawful act, including a subjective test if applicable |
Goodfellow | The unlawful act in 'unlawful act manslaughter' does not have to be directed at a person, only have an element of danger |
Andrews | D's actions for unlawful act manslaughter must be so severe as to deserve criminal sanction- more than just negligence |
AG Ref (No 3 of 1994) | Unlawful act does not need to be directed at the victim. Also transferred MR |
Newbury | Unlawful act manslaughter- the act must be objectively dangerous (D does not have to see risk) and MR does not require intent of GBH/death |
Dawson | Unlawful act manslaughter- must be danger of physical harm. Reasonable man has the knowledge of the defendent only. |
Adomako | Gross Negligence Manslaughter- duty of care, breach of duty (risk of harm), breach casued death, so serious it deserves criminal sanction |
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