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4291166
Section B - AO1
Description
Section B
No tags specified
law
b
involuntary
Mind Map by
rebekagarbutt1
, updated more than 1 year ago
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Created by
rebekagarbutt1
almost 9 years ago
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Resource summary
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.
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