Invol mtr 2013 142


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Invol mtr 2013 142

  1. 1. Offences Against the Person (3): Involuntary Manslaughter MAH 2013-14
  2. 2. So what do you think? All of you should be able to decide whose actions fall into constructive act and which into gross negligence Most of you should be able to identify those who would not be liable for their manslaughter and explain why, identifying the limits of the offences. Some of you should be able to identify the key elements of gross negligence and illustrate them with reference to a case example.
  3. 3. What do we mean by involuntary manslaughter?... Gross Negligence Constructive ActReckless Act ( ( Does this really exist... ... Or is it just another form of gross neg?
  4. 4. Starter What’s the word? Manslaughter Constructive Unlawful Act
  5. 5. Type of Manslaughter One: Gross Negligence What was the basis of their liability? What is the purpose in imposing liability on these defendants? Which other area of the law, which we have already looked at, will be of relevance to this area of law? Do you think they should be found liable or not and why? Challenge: Can you identify at least one problem with imposing liability on people like the defendants? Can you complete the sentences below to outline the four key elements to be proven, if D is to be found liable for GNM? Owes... And it must be.... Fall so far... Running a risk of....
  6. 6. Key Case! Adomoko 1994 What happened? 1. 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. Who decides whether D is liable for the breach or not? And identify one problem with them having this role. 6. What did the expert witnesses think of his conduct? 7. What are the four key elements of manslaughter by gross negligence? 8. Which other duties and cases can you think of which may fall into this area of the law?
  7. 7. 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. All of you should be able to answer the questions Most of you should be able to support your answer with reference to a case Some of you should be able to evaluate your answer. 1. Over the years, the courts have expanded and developed the range of situations. Is it a closed list? 2. The ‘neighbour’ principle can be used, on its own, as the basis for liability. Where is the proof of this?
  8. 8. Case Duty? Owed by whom? Facts? Basis of the Duty? Evaluate the justification of that duty. Singh 1999 Duty to maintain property Litchfield 1998 Employer to employee Khan & Khan 1998 Summon Assistance? Dias 2002 Possible duty not to supply and prepare drugs for another? Pittwood 1902 Gate operator to public 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 Duty to keep caring for someone once you start. Harris & Harris 2003 Parent to child Willoughby 2004 Conspirator to conspirator You have the answers on the cards in front of you… Can you sort them all out from the clues on the grid? All of you must ensure that you complete the pass grade sections Most of you will also be able to complete C grade development Some of you will be able to complete the A grade evaluation.
  9. 9. Susan refuses to give her bedbound husband any food on days ending in ‘y’. The husband dies. Sebastian and Louis plan to rob a house. Whilst in the house, Louis knocks over a candle setting fire to the house, trapping Sebastian, who dies. Joe is employed by the local council and has to put out the cones to mark off dig sites on the local road. One day he goes for a coffee before putting them out. Sue drives into the site, crashing and dies. Sylvia is bored taking meals to her grandmother, and decides to go on holiday instead. Her grandmother starves to death. Explain one way the criminal law on duty of care differs from the civil law. Identify and explain three problems with the imposition of a duty on D Look at the following four scenarios. Which duty of care could be imposed in each situation? Consolidation
  10. 10. James kills Louise by pushing her into the road, intending just to make her trip up on the pavement edge. What type of manslaughter are each of these situations? Voluntary or Involuntary? James kills Louise. He is her doctor and fails to notice that the oxygen tube has become dislodged. James kills Louise whilst drunk. He is suffering from brain damage caused by an earlier blow to the head and now loses his temper easily. James kills Louise by drowning her in the water, thinking that she is a fish who needs to be let free. James kills Louise by punching her once in the chest, causing her rib to break and pierce her heart. James kills Louise because she taunts him about being beaten up by his younger sister on a regular basis James kills Louise by stabbing her through the heart after she threatens to kill his son. She has previously hit him on a number of occasions.
  11. 11. Element Two: Breach of Duty Causing Death Duty must have been breached The breach caused death Liability for D! What if V does something which puts them in danger, even when they have been warned? IS D still liable. Winters 2010
  12. 12. What about the drugs cases*? Evans (Gemma) 2009 The courts had already said that it is not constructive act manslaughter as D’s voluntary actions break the chain. 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: What was the question the court should consider in determining whether or not D owed a duty of care? Why was her mother not the subject of an appeal? *we will revisit this issue in constructive act!
  13. 13. Element Three: D’s Actions must be Grossly Negligence R v Bateman 1925 “Such disregard for life and safety of others as to amount to crime against the state deserving of punishment.” Decided by the jury The action must have been so wrong in all the circumstances as to be deserving of criminal punishment... Task: Complete the cryptogram to reveal the key phrase!
  14. 14. Got it? Complete the crossword! 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 D's 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)
  15. 15. Element Four: Risk of what to be liable? Stone and Dobinson Bateman Which to choose? Adomako Andrews v DPP Or “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”
  16. 16.  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. Thinking Task?  How far does the current approach to the law on ‘risk’ justify the imposition of liability on those who owe a duty and fail, causing death? The solution…. Misra
  17. 17. 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 the pool after finishing his shift when he sees Louis slip and fall into the water Sarah believes that all blood is contaminated and refuses to let her 6 year old son, Reece, be given any blood after an accident. Reece dies Vic and Bob decide to rob a bank and break into the safe to steal money. Bob becomes stuck in the safe and dies before he can be found. Dr James treats Karen for stomach problems but misses the ulcer in her stomach. The ulcer bursts and Karen dies.
  18. 18. Type Two: Constructive Act Manslaughter What is the basis of liability for those charges with CAM?  Why do you think we impose liability for manslaughter in these situations? Challenge: consider what you Know about the law on murder. What problem can you see With regards to charging D? D must have done... It needs to be an .... It must cause... D’s Mens rea? Student AO2 Thinking Questions... Why is called constructive act? Can you spot any problems with the definition? Who will decide whether D is liable or not? Why might it be justified to impose liability for constructive act?
  19. 19. Element One: There must be an unlawful Act Church Nedrick Hancock & Shankland Lamb 1967 Franklin 1883 Lowe 1973 The rules... Can you identify the illegal act in each one of these cases? There must be a criminally illegal act Why was there no unlawful act here? What would have been needed for D to have been liable for V’s Manslaughter? What do you learn about the definition of assault from this case? It must be a positive, intentional act
  20. 20. 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. Applying the Law: Is D liable for the death? Apply what you know about constructive act manslaughter to the case below and conclude on his liability! 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. Church 1966 “An act which all sober and reasonable people would realise would subject V to at least some harm” Larkin 1943 Carey & Others 2006 What issues and problems can you spot? What kind of actions might it cover? Element Two: Dangerous Act This is measured objectively. Student AO2 Task: Why might we argue that the approach of the court in Church is too broad and unfair? Aim to use at least one case in your reasoning.
  22. 22. So, if D must foresee the risk of some harm... what type of harm would be enough? Type One: Harm aimed at a third party. Type Two: Harm aimed at property? What if the victim is weaker, so the harm is worse? Can we take this into account? R v Mitchell R v Goodfellow R v Dawson R v Watson Thinking: How do you distinguish between these two cases? Where does the case of Carey fit into these decisions?
  23. 23. New Development in the Law (?): Dhawali 2006 Ajose & Can 2009 Can harming someone psychologically be enough?
  24. 24. Element Three: D’s unlawful act must cause the Death of V R v Lewis 2010 D was driving home in the early morning. Students were crossing the road and one hit the car. D got out of the car and pushed the woman who hit the car. Her brother, V, intervened and then ran off. D ran after him, and V ran into the path of another car and died. Unlawful Act Dangerous Act Such that all sober and responsible person would foresee Causing the death Applying the Law Can you spot the elements? Challenge:Why would D argue that he did not cause the death of V?
  25. 25. A problem? What about the person who supplies the drug, or even prepares it. Is this a dangerous act? R v Cato 1976 R v Dalby 1982 D was a drug addict who lawfully obtained drugs on prescription. He gave some of the tablets to V, also known to be a drug addict. V had consumed a large quantity of the drug in one session, and subsequently injected himself with other substances. The following morning he was found to have died of a drug overdose s.23 Offences Against the Person Act 1861 “administer a noxious substance” Two friends spent a night injecting each other with heroin and water mixes. The victim had prepared the mixture but Cato had injected it.
  26. 26. It’s the “inbetween” bit which caused problems! Kennedy 1999 Dias 2002 Rogers 2003
  27. 27. The solution: Kennedy No.2
  28. 28. Element Four: Mens Rea Newbury and Jones 1976 AO2: Development How fair is this approach to the Defendant and their liability? Aim to include reference to at least one case in your response!
  29. 29. Consolidation develop You are going to work together to produce a visual aid on one of the types of involuntary manslaughter. You need to include in your revision section:  A clear definition of the type of manslaughter Case profile of one key case on the area  Clues to at least three other relevant cases and their importance  A symbol or diagram relating to your area  Clear definition of at least three terms which 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.
  30. 30. Knee, infection, dead To breathe or not to breathe, that is the question Neigh, neigh, choo, choo Let’s play catch… choo, choo. Tighter… tighter… oops How much do you want? No matter to me if your well Go on, shoot me! Revolver? What’s a revolver? How do you tell they’re dead again? Splash! You want me to shave? But I’m a girl! Gimme rent, honest I’ll look after you. How nice am I? Have a lovely syringe. I can see a vein… Scare me, I’ll drop dead (though I look ok) Breathe in… breathe not? Eww! What a horrible drink. What a lovely ship, shame about the fuel I know how I’ll get a new house… and lose my family You’re old! You’re frail! Oops… is he breathing? Splash, splash. Oh this looks like a nice place to dump some rubbish. Can you name the case? All of you need to be able to identify the facts of most of the cases Most of you will be able to name most of the cases Some of you will be able to ascribe the case to one of the areas of involuntary manslaughter.
  31. 31. Reckless Act Manslaughter A third type... Or simply another way to be negligent? Cunningham 1957 Caldwell 1982 Seymour 1983 Adomako 1994 G&R 2003
  32. 32. Reckless Act Manslaughter New Law? Lidar Does Reckless Act Manslaughter still exist after Adomako? A third type... Or simply another way to be negligent?
  33. 33. Consolidation... What could 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 as well as details of the reforms at the back of your handouts. This article summarises the main points and issues with the offences You each have 12 statements, some of which are true and some of which are false. Read the article and see if you can work out which are which!
  34. 34. Developing 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. Write these up in your green books Aiming for the top? Include at least one case in your argument, to support and develop it.
  35. 35. Can you match the cards?
  36. 36. 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!
  37. 37. Starter: Can you make the triangles happy?
  38. 38. Example: “Paul, who is Louis’ father, has an argument with him. He punches Louis at the top of the stairs causing him to fall down the stairs and break his neck” Applying the Law to the Scenario Student Task: Using the post-its, put down as much evidence as you can that D committed each of the manslaughters....and then conclude! Gemma is a police officer on duty who gets into an argument with Sandra, a pensioner. She pushes Sandra who falls into Olive, breaking her ribs and killing her. Sarah is a drug dealer who likes to be helpful. She injects Lois with heroin, as she has never injected before. She also provides Karen with heroin and watches as she injects. Sarah leaves the room and comes back to find both girls overdosing. She runs off. They die. Lisa likes to collect old harpoon guns. She shows them to Clive and John, telling them they are too old to work. He takes one out, and it fires, killing Lisa. Panicking he runs out and tries to drive off. John, tries to get Clive to stop by jumping on the car bonnet. Clive speeds up and then brakes. John is dragged under the car and dies.
  39. 39. Emma hires Fred, a qualified electrician, to re- wire her house. She is unhappy when she notices sparks coming from the switches as she turns some lights on or off. Emma complains to Fred who returns to do some checks. He assures her that everything is in order and perfectly safe. The next morning, Emma goes to take a shower in the bathroom. When she turns on the shower control, she receives an electric shock that causes her to fall and bang her head, knocking her unconscious. Fortunately, her friend, Gita, arrives almost immediately and discovers Emma. Gita calls an ambulance and Emma is rushed to hospital. While Emma is still critically ill she develops an infection. Hugh, a junior doctor employed by the hospital, fails to read Emma's medical notes properly. The notes clearly show that Emma is allergic to penicillin. Hugh gives Emma penicillin to treat the infection. As a result of her allergy Emma dies. Discuss the liability of Fred and Hugh for Emma’s death. [50] How to construct a problem question response... Section B  50 Marks  25 AO1; 20 AO2; 5 AO3  AO2 are for application  Must be logical in your approach to the problem. Deal with each defendant separately  Conclude, but remember: you aren’t the jury! It is likely that... She would probably be liable for... Some Basics... O D C
  40. 40. Emma hires Fred, a qualified electrician, to re-wire her house. She is unhappy when she notices sparks coming from the switches as she turns some lights on or off. Emma complains to Fred who returns to do some checks. He assures her that everything is in order and perfectly safe. The next morning, Emma goes to take a shower in the bathroom. When she turns on the shower control, she receives an electric shock that causes her to fall and bang her head, knocking her unconscious. Fortunately, her friend, Gita, arrives almost immediately and discovers Emma. Gita calls an ambulance and Emma is rushed to hospital. While Emma is still critically ill she develops an infection. Hugh, a junior doctor employed by the hospital, fails to read Emma's medical notes properly. The notes clearly show that Emma is allergic to penicillin. Hugh gives Emma penicillin to treat the infection. As a result of her allergy Emma dies. Discuss the liability of Fred and Hugh for Emma’s death. [50] Sorting out that answer... Stage One: Highlight and annotate Stage Two: Order your thoughts Stage Three: Make sure you have the law to back you up Stage Four: Conclude and write up
  41. 41. So we’ve highlighted and annotated... now, we order it. “In discussing Fred’s liability we will have to consider.... Introduction: Outline the issues you are going to discuss in your essay.
  42. 42. Main:Apply the law! Deal with each defendant separately, and deal with OCD in that order!
  43. 43. Conclusion: Look back... overall what do you think they should be liable for and why ? “Having considered the issues, it seems likely....
  44. 44. Plenary: It’s Post-it time! E A B C D The case of Lidar is incorrect, as reckless Act does not exist. Discuss whether or not you think that this is a correct statement on the law and why. Explain what the problem with supplying a drug and liability for manslaughter was, and how the court has resolved this. Explain why we impose liability on those who ‘accidently’ kill. Identify two limitations on the meaning of ‘illegal act’ in Constructive Act Manslaughter. Define the offence of gross negligence manslaughter and illustrate with a case