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Crime 5
Involuntary Manslaughter
Term | Definition |
---|---|
Constructive Manslaughter | Unlawful killing through an unlawful & dangerous act |
Test for GNM | Duty, breach, risk of death, death, gross negligence |
Lowe | CM can't be through an omission |
Franklin | CM can't be through a tort |
Lamb | 'Revolver' case - no unlawful act |
Church | Case where 'dangerous' is defined |
DPP v Newbury & Jones | Boys threw block onto train - objective test for dangerous |
Larkin | 'Razor' case - unlawful act needn't be aimed at V |
Mitchell | 'Queue' case - transferred malice |
JM & SM | 'Bouncer' case - actual harm suffered was not foreseeable |
Dawson | Robbery - cashier died of heart attack |
Watson | Burglary/assault - frail elderly victim |
Goodfellow | Burned house down - harm was foreseeable |
Bristow & others | Circumstances of burglary made it dangerous |
Farnon & Ellis | Fire in derelict building - D had mental age of 6 |
Kennedy | Drug injection - causation |
Lewis/Corbett | D being hit by car didn't break chain |
Adomako | Leading case on GNM |
Bateman | Doctor negligent during delivery of baby - 'disregard for life & safety of others'... |
Singh | Manager of flats - CO poisoning |
Misra, Srivastrava | GNM does not breach Art 7 ECHR |
Wood & Hodgson | Ecstasy tablet in cigarette packet |
Wacker | Immigrants in lorry - ex turpi causa? |
Finlay | Scout trip to Snowdon - not GNM |
Willoughby | Pub arson - GNM and CM may overlap |
Lidar | Reckless MS may still exist?! |
Stone & Dobinson/Instan/Miller/Pittwood | Duty owed for various reasons... |
Rose/Kuddus | Risk of death is assessed using D's knowledge at time of breach |
Evans | Duty owed by supplier of drugs |