Invol powerpoint 2011 2


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Invol powerpoint 2011 2

  1. 1. G153 2011-2 Miss HartOffences Against the Person: Involuntary Manslaughter
  2. 2. Starter: It’s dominoes time!Sort out the dominoes to recap all of murder and voluntary manslaughter...
  3. 3. Starter: Some things to think about...What is different about these forms ofmanslaughter compared to the voluntarymanslaughter cases?Why don’t we call these ‘partial defences’?Can you think of any areas or cases we havedone already which may crop up here?
  4. 4. Types... ( GrossNegligence ( Reckless Act Constructive Act Does this really exist... ... Or is it just another form of gross neg?
  5. 5. What do we mean by involuntary?• A teenager pushes a stone off a These are all blameworthy in bridge the eyes of the law.• An anaesthetist doesn’t notice the Blameworthy enough to argue tube is stuck for ten minutes. involuntary manslaughter• A man bullies his wife and she kills herself Are they all equally• A landlord doesn’t check the gas blameworthy to you? fire Which do you think have a justifiable argument?• A man sets his house on fire so that the council will move him.
  6. 6. Type One:Constructive Act Manslaughter Element One: your AO2 response... Developing Why is it called constructive act? Can you Two: any problems with this Element spot definition? Who is going to be in charge of liability? Three: Element Why might we be justified in imposing liability here? Element Four:
  7. 7. What type of manslaughter are each of these situations? Voluntary or Involuntary James kills Louise by James kills Louise James kills Louise James kills Louise. is stabbing her through James kills Louise by whilst drunk. He He because she taunts isthe heartfrom brain suffering herand the punching heronce in pushing her into she drowning after the her doctor in fails him about being road,noticecausinghis the chest, that by her damagethinking theto water, causedjustan threatens to kill to intending that beaten up by his maketo blow hasthe earlier a tube who she is break up on rib her trip has oxygen fish and son. She to younger sister on a head and nowletedge. a previouslybe heart.his needs to her loses the pavement free. become dislodged. pierce hit him on regular basis number of ocassions. temper easily.
  8. 8. Element One: Unlawful Act R v Church R v Nedrick R v Hancock and Shankland The rules... R v Lowe 1973 R v Lamb 1967R v Franklin 1883
  9. 9. Element Two: Dangerous Act R v Church 1966 How is it “An act which all sober and judged?reasonable people would realisewould subject V to at least some harm” What kind of actions might it cover? Larkin 1943 What issues and Carey & Others 2006 problems can you spot?
  10. 10. What kind of harm may be enough?Rule One: Rule Two: The dangerous act The dangerous act may be aimed may be aimed at a at property third party Rule Three: There must be a risk of physical harm – fear R v Mitchell or apprehension isn’t enough ... except where V’s frailty is obvious to the reasonable man. Why?
  11. 11. Can harming someonepsychologically be enough? New Development in the Law (?): R v Dhawali 2006 R v Ajose & Can 2009
  12. 12. Homework 1. Complete your evaluation of the drugs cases 13A Friday 11th November 13C Thursday 10th November 2. Revise the whole of murder and voluntary manslaughter for an end of unit test on 15th November 2011Note: Please bring your causation essays to the next lesson.
  13. 13. Finally: Can you recap last lesson by matching the cases and tests to the areas? Unlawful Act Dangerous Act Psychological harm Can be targeted Can be targeted may be enough at property at a third party Franklin ChurchLowe D Can take into account Lamb Must be a anything which is obvious toMust be an act criminal, not a civil the reasonable personnot omission wrong DawsonGoodfellow Mitchell Must be a risk of some harm obvious to the reasonable Must be an person. unlawful act
  14. 14. Element Three: Causing the Death Applying the Law R v Lewis 2010 Can you spot the elements? D was driving home in the early Unlawful Act morning. Students were crossing the road and one hit the car. D got out of the car and pushed the woman who Dangerous Act hit the car. Her brother, V, intervenedand then ran off. D ran after him, and V Such that all sober and ran into the path of another car and died. responsible person would foresee Causing the death
  15. 15. A problem? What about the person who supplies the drug, or even prepares it. Is this a dangerous act? s.23 Offences Against the Person Act 1861 “administer a noxious substance” R v Cato 1976 R v Dalby 1982 • D was a drug addict who lawfullyTwo friends spent a night injecting obtained drugs on prescription. He gaveeach other with heroin and water some of the tablets to V, also known tomixes. The victim had prepared the be a drug addict. V had consumed a large quantity of the drug in onemixture but Cato had injected it. session, and subsequently injected himself with other substances. The following morning he was found to have died of a drug overdose
  16. 16. It’s the “inbetween” bit which causes problems! Kennedy Dias Rogers 1999 2002 2003
  17. 17. The solution:R v Kennedy No.2
  18. 18. Element Four: Mens Rea Newbury and Jones 1976What issues are raised by this case and its ratio?
  19. 19. Did you understand?Shortly there are going to be a number of case descriptions below. You need to say the case and the element! Challenge one: Name the elements of constructive act A long fight and Mere Not anymore!(by Boy shoots friend of a Injecting your friend ... chase with preparation will makeis enough syringe you liable accident) Man hits girlfriend students, which Sets his house on fire Boys throw rocks at begins and ends with then drowns to get a new one trains. RvR hitting a car. 2 girlfriend vKennedy No. Kennedy No.1 R v Cato R v Lamb Illegal Act/ R Illegal Act/and v Newbury RIllegal Act/ Illegal Act CausingChurch v Lewis death R v the Goodfellow Causing the 2010 Jonesdeath Causing the death Causing the Act Dangerousdeath Mens rea
  20. 20. Starter: Read the case below. Using what you know about the laws on constructive act manslaughter, decide whether or not he is legally responsible for the death. R v Arobieke 1988 D’s initial conviction was based on his presence at a railway station which had caused the victim, whom he knew to be terrified of him, to attempt an escape by crossing the railway tracks, with the result that he was electrocuted. Verdict:The Court of Appeal quashed the conviction on the ground that there had been no criminal act by the defendant, as the evidence did not show that the defendant had physically threatened or chased the deceased.
  21. 21. R v Adomoko 19941. What was D’s duty to V?2. What had he failed to do?3. When do you think that he goes from simple negligence to gross negligence?4. What is the key question when looking at the negligence of D?5. What did the expert witnesses think of his conduct?6. What are the four key elements of manslaughter by gross negligence?7. What does Lord Mackay think of R v Seymour?8. Which other duties and cases can you think of which may fall into this area of the law?
  22. 22. Element One:Duty of Care Donoghue v Stevenson 1932 “You must take reasonable care to avoid acts and omissions which you can reasonably foresee would be likely to injure your neighbours. Who then is my neighbour? The answer seems to be persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to acts or omissions which are called into question.”
  23. 23. Case Duty? Owed by Facts? Basis of the whom? Duty?Singh 1999 Duty to maintain property D owner & master of ship. Knew engines mayLitchfield 1998 Captain and crew fail due to fuel contamination. Ship drifted onto the rocks and three crew died. You have the answersKhan & Khan 1998 Possible duty to summon assistance? Possible duty not to on the cards in frontDias 2002 supply and prepare drugs for another?Pittwood 1902 Gate operator and of you… public D was a lorry driver bringing 60 illegal Simple duty owedWacker 2002 immigrants in. Closed the air vent on the ferry on facts [despite to prevent detection, and forgot to open it illegal nature] again. Ferry was delayed and 58 were dead. Can you sort them all out from the clues on the grid?Stone & Dobinson Duty to continue with care when established.Gibbins & Proctor Parents and children Specific relationshipWilloughby 2004 Person in a joint enterprise owes a duty to the other.
  24. 24. The answers! Things to note... The duty situation have gonebeyond the civil law. The list of duties is not finite!
  25. 25. Element Two:Breach of Duty Causing Death TheDuty must breach Liabilityhave been caused for D!breached death
  26. 26. Questions... Questions....What if V doessomething which puts them in danger, evenwhen they have been warned? Do they still have a duty of care?R v Winters 2010
  27. 27. A solution to the drugs issue? The courts have already said that it is not constructive act manslaughter as D’s voluntary actions break the chain.R v Evans (Gemma) 2009 1. What is the ratio of this case? 2. What is the role of the jury in gross negligence cases? 3. What had D done? 4. What was D’s duty and how was it established? Extension:Why was her mother What was the question the court should consider in determiningnot the subject of an whether or not D owed a duty of care? appeal?
  28. 28. Element Three: Gross NegligenceThe action must have been so wrong in all the circumstances as to be deserving of criminal punishment... R v Bateman 1925 “Such disregard for life and safety of others as to This is to crime against amount left up to thethe deserving of state jury punishment.”
  29. 29. Starter: Without looking at your handout or anything else…How much detail can you add to the brainstorm? Think definitions… cases… examples… Element Three: Element One: Gross Negligence Manslaughter Element Four: Element Two:
  30. 30. Which of the following defendants may be liable for the death of their victim?Dave, a lifeguard is on his way out of Dr James treats Karen for stomachthe pool after finishing his shift when problems but misses the ulcer in her he sees Louis slip and fall into the stomach. The ulcer bursts and Karen water dies. Sarah believes that all blood is Vic and Bob decide to rob a bank andcontaminated and refuses to let her 6 break into the safe to steal money. Bob year old son, Reece, be given any becomes stuck in the safe and dies blood after an accident. Reece dies before he can be found.
  31. 31. Element Four: Risk of DeathStone and Dobinson Bateman Andrews v DPP Or Which to choose? Adomako “In my opinion the law as stated in these two authorities [Bateman; Andrews] is satisfactory as providing a proper basis for describing the crime of involuntary manslaughter.... Examples in which this was done, to my mind, with complete accuracy are Reg. v. Stone”
  32. 32. The solution….R v Misra & Another  The question is “not whether D’s negligence was gross and additionally a crime but whether his behaviour was grossly negligent and consequently criminal” Judge LJ  In other words: the outcome not the offence is the only uncertain thing. A risk of death only was sufficient.
  33. 33. As a class… Complete the crossword!Demonstrate your knowledge of Gross Negligence Across 3. Case which showed that a threat to life was only enough (7) 5. Well, he certainly wacked a lot of them! (6) 6. Most recent case on the problem of supplying drugs (5) 7. People who must decide whether a duty exists (4) 8. The other way to commit gross negligence manslaughter (8) Down 1. Key Case (7) 2. One of the two ways gross negligence manslaughter can be committed (3) 3. What must have happened to Ds duty of care (6) 4. Who, according to Lord Atkin, do you owe a duty to? (9) 5. Cold case which illustrates that even if D ignores you, you might owe a duty (7)
  34. 34. Reckless Act Manslaughter Old Law... New Law... Seymour LidarD sees risk of death or serious injury as highly probable, goes ahead and death results.
  35. 35. Splash, splash. Oh this looks like a nice How nice am I? Have a lovely syringe. place to dump some rubbish. You’re old! You’re frail! Lorry v Car sandwich Neigh, neigh, choo, choo Oops… is he breathing?Lovely Land Rover! Bump! Any chance Knee, infection, dead Lovely belt… I could actually get in the car? tighter… tighter… Let’s play How do you tell I know how I’ll get a new catch… they’re dead house… and lose my family choo, choo. again? Splash! Eww! What a horrible drink. What a lovely ship, Scare me, I’ll drop dead shame about the fuel Go on, shoot me! (though I look ok) Revolver? What’s a Gimme revolver?Breathe in… You want me tobreathe not? rent, honest I’ll shave? But I’m a I can see a vein… look after you. girl! How much do you want? No To breathe or not to breathe, that is the matter to me if your well question
  36. 36. Gross Negligence Involuntary Reckless Act ManslaughterConstructive Act
  37. 37. Emma hires Fred, a qualified electrician, to re-wire her house. She isunhappy when she notices sparks coming from the switches as she turnssome lights on or off. Emma complains to Fred who returns to do somechecks. He assures her that everything is in order and perfectly safe. Thenext morning, Emma goes to take a shower in the bathroom. When sheturns on the shower control, she receives an electric shock that causesher to fall and bang her head, knocking her unconscious. Fortunately, herfriend, Gita, arrives almost immediately and discovers Emma. Gita callsan ambulance and Emma is rushed to hospital. While Emma is stillcritically ill she develops an infection. Hugh, a junior doctor employed by the hospital, fails to read Emmasmedical notes properly. The notes clearly show that Emma is allergic topenicillin. Hugh gives Emma penicillin to treat the infection. As a result ofher allergy Emma dies. Discuss the liability of Fred and Hugh for Emma’s death. [50]
  38. 38. PlenaryHow confident are you with involuntary manslaughter? On your post it.. 1. One thing you are confident with after this lesson. 2. One question you have or one thing you are still not sure of.