Section B - AO1 | Mapas Mentais

Section B - AO1

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

Section B - AO1

	Criado por rebekagarbutt1 quase 9 anos atrás