Invol powerpoint 2012-13


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Invol powerpoint 2012-13

  1. 1. Offences Against the Person (3): InvoluntaryManslaughter G153 2012 Miss Hart
  2. 2. Starter:Find the answers to the following questions... From the rest of the class You can only answer one yourself.What kind of killing might Name two cases we have How does involuntarybe involuntary? already covered which manslaughter differ from illustrate this area. voluntary?Name: Name: Name:Why might it be unfair to Susie gives Sandra a James thumps Bob, whoimpose liability on a syringe, which Sandra falls over hits his head anddefendant for involuntary willingly injects. Sandra dies. Is James liable for hismanslaughter? dies. Is Susie liable for her death? death?Name: Name: Name:
  3. 3. Types... ( GrossNegligence ( Reckless Act Constructive Act Does this really exist... ... Or is it just another form of gross neg?
  4. 4. 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.
  5. 5. 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:
  6. 6. 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
  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 occasions. temper easily.
  8. 8. Starter What’s the word?Manslaughter Constructive Unlawful Act
  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. 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
  13. 13. 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
  14. 14. It’s the “inbetween” bit which causes problems! Kennedy Dias Rogers 1999 2002 2003
  15. 15. The solution:R v Kennedy No.2
  16. 16. Plenary: It’s Post-it time! Discuss the issues raised by the case of NEWBURYA and JONES in imposing liability for the manslaughter of D.B Explain what the problem with supplying a drug and liability for manslaughter was, and how the court has resolved this.C Identify two limitations on the meaning of „dangerous act‟ in this offence Explain why we impose liability on those whoD „accidently‟ kill. Define the offence of constructive act manslaughterE and illustrate with a case
  17. 17. Starter: Is D liable for the death? Apply what you know about constructive act manslaughter to the case below and conclude on his liability! R v Arobieke 1988 D, who was 6 ft 7 and over 20 stone, was at a railway station looking in trains. V, who was terrified of him, spotted him and ran away over the railway tracks, electrocuting himself. 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.
  18. 18. Element Four: Mens Rea Newbury and Jones 1976What issues are raised by this case and its ratio?
  19. 19. Did you understand? Task:You are going to see 10 case descriptions. Merelong fight friend A Not your and Boy shoots friend of a Injecting anymore!(by ... preparation chaseaccident) will makeisstudents, with enough syringe you liableALL of you should be able Man hits girlfriend Sets his house onends which throw rocksfire Boys begins and at to identify the case then drowns with hitting a one to get a new car. trains. Rv girlfriend R vKennedy No. 2 Kennedy No.1 R v Cato R v Lamb Illegal Act/ Some of you will be able to R Illegal Act/and vvNewbury R Illegal Act v Lewis 2010 RIllegal Act/ CausingChurch R v the death Goodfellow identify the area of Causing the death Jones Causing the death Causing the death Dangerous Actconstructive act manslaughter Mens rea which is illustrated by the case.
  20. 20. Key Case! 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?
  21. 21. Type of Manslaughter Two:Gross NegligenceElement One: Element Two: Element Three: Element Four:
  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 whom? Facts? Basis of the Duty? Singh 1999 Duty to maintain property Litchfield 1998 Employer to employee Khan & Khan 1998 Summon Assistance? Dias 2002 You have the answers Possible duty not to supply and prepare drugs for another? Pittwood 1902 on the cards in front Gate operator to public of you… Wacker 2002 D was a lorry driver bringing 60 illegal immigrants in. He closed the air vent on the ferry to prevent detection and forgot to open it. The ferry was delayed and 58 died.Stone & Dobinson 1977 Can you sort them all out from the clues on the grid? Duty to keep caring for someone once you start.Harris & Harris 2003 Parent to child Willoughby 2004 Conspirator to conspirator
  24. 24. The answers! Things to note... The duty situation have gonebeyond the civil law. The list of duties is not finite!
  25. 25. ConsolidationExplain one way the criminal law on duty of carediffers from the civil law.Identify and explain three problems with theimposition of a duty on DLook at the following four scenarios. Which duty ofcare could be imposed in each situation? Susan refuses to give her Sebastian and Louis plan tobedbound husband any food rob a house. Whilst in the on days ending in ‘y’. house, Louis knocks over a The husband dies. candle setting fire to the house, trapping Sebastian, who dies. Joe is employed by the local Sylvia is bored taking meals to council and has to put out the her grandmother, and decidescones to mark off dig sites on the to go on holiday instead. Herlocal road. One day he goes for a grandmother starves to death. coffee before putting them out. Sue drives into the site, crashing and dies.
  26. 26. Element Two:Breach of Duty Causing Death TheDuty must breach Liabilityhave been caused for D!breached death
  27. 27. 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
  28. 28. 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?Why was her mother Extension:not the subject of an What was the question the court should consider in determining whether or not D appeal? owed a duty of care?
  29. 29. Applying the Law: 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.
  30. 30. 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.”
  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. Reckless Act ManslaughterOld Law... New Law... Seymour Lidar Does Reckless Act Manslaughter D had an argument with his common law wife. In an still exist after Adomako? effort to move her car out of his way by pushing it with his truck, he had jammed her body between his truck and her car, as a result of which she sustained severe injuries from which she later died. The trial judge had directed the jury that they should convict if they were satisfied that the D had caused the death, and had been reckless in so doing, *The House of Lords held that the conviction should stand. Thus Caldwell recklessness applied to manslaughter.D sees risk of death or serious injury as highly probable, goes ahead and death results.
  34. 34. Plenary: 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)
  35. 35. Can you name the case? Splash, splash. Oh this You’re old! You’re frail! Oops…looks like a nice place to is he breathing? dump some rubbish. Knee, infection, dead All of you need to beNeigh, neigh, choo, choo What a lovely ship, shame able to identify the about the fuel facts of most of the I know how I’ll get a new caseshouse… and lose my family Let’s play catch… choo, choo.Eww! What a horrible drink. Most of you will be Gimme rent, honest I’ll able to name most ofScare me, Breathe in… look after you. the cases I’ll drop breathe not? dead Tighter… tighter… oops Some of you will be(though I look ok) I can see a vein… How do you tell they’re able to ascribe the dead again? Splash! case to one of the How nice am I? Have a areas of involuntary lovely syringe. You want me to shave? But I’m a girl! manslaughter.How much do you want? No Go on, shoot me! Revolver? matter to me if your well What’s a revolver? To breathe or not to breathe, that is the question
  36. 36. You are going to work together to produce a visual aid on Consolidation one of the types of involuntary manslaughter. developYou need to include in your revision section: A clear definition of the type ofmanslaughterCase profile of one key case on the area Clues to at least three other relevantcases and their importance A symbol or diagram relating to yourarea Clear definition of at least three termswhich are relevant to your areaOne joke or punOne application problem.All of you must contribute to the revision aid. Some of you will be able to include at least two critical points related to your area.
  37. 37. Starter: Can you solve the tarsia? Hint One:The corner cards only have one piece of information Hint Two: The side cards have two pieces of information
  38. 38. Can you name the case? Splash, splash. Oh this You’re old! You’re frail! Oops…looks like a nice place to is he breathing? dump some rubbish. Knee, infection, dead All of you need to beNeigh, neigh, choo, choo What a lovely ship, shame able to identify the about the fuel facts of most of the I know how I’ll get a new caseshouse… and lose my family Let’s play catch… choo, choo.Eww! What a horrible drink. Most of you will be Gimme rent, honest I’ll able to name most ofScare me, Breathe in… look after you. the cases I’ll drop breathe not? dead Tighter… tighter… oops Some of you will be(though I look ok) I can see a vein… How do you tell they’re able to ascribe the dead again? Splash! case to one of the How nice am I? Have a areas of involuntary lovely syringe. You want me to shave? But I’m a girl! manslaughter.How much do you want? No Go on, shoot me! Revolver? matter to me if your well What’s a revolver? To breathe or not to breathe, that is the question
  39. 39. Consolidation:Do you get this topic? You have a single sheet of A3, summarising this area Using only notes complete it using your handouts and your brain!
  40. 40. Finally... What might happen to improve the law? You each have a copy of an article from the A Level Law Review Magazine, which is available in both libraries. This article summarises themain points and issues with the offence.You each have 12 statements, some of which are true and some of which are false.Read the article and see if youcan work out which are which!
  41. 41. Extending your Evaluation Student Task: Pick three of the points which are supported by the text. Develop each of these points into an argument on whether the current law works, and whether these proposals are an efficient response Aiming for the top? Include at least one case in your argument, to support and develop it.
  42. 42. Essays What areas of the law would you cover?
  43. 43. Marking an AO1 A2CRIM AO2 A2 Exemplar… CRIM LEVEL 5 Wide-ranging, accurate, Ability to identify correctly the relevant detailed knowledge with a clear and 21-25 and important points of criticism, 17-20 confident understanding of the showing good understanding of current relevant concepts and principles. debate and proposals for reform,. A high You have an example essay Where appropriate, candidates will be level of ability to develop arguments and from a past student in front able to elaborate with wide citation of reach a cogent, logical and well-informed of you. You are going to relevant statutes and caselaw conclusion. mark it. LEVEL 4 Good, well-developed Ability to identify and analyse issues knowledge with a clear understanding 16-20 central to the question, showing some 13-16 of the relevant concepts and principles. understanding of current debate and Where appropriate, candidates will be proposals for reform. Ability to develop You have the indicative able to elaborate by good citation to clear arguments, and reach a sensible and relevant statutes and case-law. informed conclusion. mark LEVEL 3 Adequate knowledge showing Ability to analyse most of the more reasonable understanding of the 11-15 obvious points central to the question or 9-12 scheme (the plan!) relevant concepts and principles. to identify the main points of law in issue. Where appropriate, candidates will be Ability to develop arguments or and able to elaborate with some citation of reach a conclusion. Take two colours. relevant statutes and case-law. LEVEL 2Limited knowledge showing Ability to explain some of the more general understanding of the relevant 6-10 obvious points central to the question or 5-8 concepts and principles. There will be to identify some of the points of law inHighlight the AO1 in one some elaboration of the principles, and issue. A limited ability to produce colour, and the AO2 in where appropriate with limited arguments based on their material but reference to relevant statutes and without a clear focus or conclusion. another. case-law. LEVEL 1 Very limited knowledge of the Ability to explain at least one of the basic concepts and principles. There 1-5 simpler points central to the question or 1-4 Now look at the grade will be limited points of detail, but accurate citation of relevant statutes to identify at least one of the points of law in issue. The approach may bedescriptors. What do you and case-law will not be expected. uncritical and/or unselective. think?
  44. 44. Involuntary manslaughter involves death but the mens rea of murder is not present as there is no intent. There aredifferent types of involuntary manslaughter: constructive act manslaughter (also known as unlawful act manslaughter)and gross negligence manslaughter. There is also the element of reckless manslaughter, because without recklessmanslaughter there is a gap of liability. This is seen with Khan v Khan.In constructive act manslaughter there are both mens rea and actus reus elements. The mens rea Clement is the mensrea of an unlawful act. The defendant does not have to know that the act is unlawful and dangerous as per Newbury vJones.The actus reus elements of constructive act manslaughter are the unlawful act and the fact that the act must bedangerous. The unlawful act has to be an act and not an omission, as per Lowe, and it also needs to be unlawful, as perLamb, where it was held that there must be fear do an assault. This is therefore justifying the defendants actions,which is not satisfactory for the crime, so the law needs to be reformed in this area.There is then the need for the act to be dangerous, which is an objective these. As in church, the defendant mustforesee a risk of harm. It was held that an act must be dangerous if there were an objective risk of some harm, and therisk must be forseeable by a reasonable and sober person. This was modified in Dawson which allowed the victimscharacteristics to be accounted for.There have been some problems with this. Goodfellow shows that the act need not be aimed at a person - this is surelyjustifying the death of someone through a threat that does not directly endanger ones life.Gross negligence manslaughter has three elements to it. These are breach of duty of care, breach of duty causing deathand gross negligence.Duty of care is the relationship from omissions. This is signified with Adomako when someone fails to perform acontract and it endangers life. It can also be seen with Stone and Dobinson. The exact terms of the duty are unclear andthis part of the law needs reform.Breach of duty causing death means that the defendants act has gone below the standard expected of the reasonable,sober person.For gross negligence it must have gone beyond a matter of compensation, showing a distinct lack of regard for life (asin Bateman). This area is in satisfactory state for the governing law body.The scope of the duty relationship has been criticised, as its application is too narrow.The area of involuntary manslaughter is in need of reform. One area to be reformed would be to introduce corporatemanslaughter to make companies more responsible, as they are currently not taking full responsibility.Another proposed change is to involve the offences of reckless killing and also killing by gross carelessness. This wasproposed in 1994 by the Law Reforms Commission.
  45. 45. What is the examiner expecting from you? These are the comments from the Examiner’s report. They indicate the strengths and weaknesses of the students’ answers. Read them – what are you going to ensure you do in writing this essay successfully?
  46. 46. Plenary: It’s Post-it time! The case of Lidar is incorrect, as reckless Act doesA not exist. Discuss whether or not you think that this is a correct statement on the law and why.B Explain what the problem with supplying a drug and liability for manslaughter was, and how the court has resolved this.C Explain why we impose liability on those who „accidently‟ kill.D Identify two limitations on the meaning of „illegal act‟ in Constructive Act Manslaughter. Define the offence of gross negligence manslaughterE and illustrate with a case
  47. 47. HomeworkWrite up the essay, aiming for at least 3-4 sides. Due: last lesson of the first week back.