SlideShare a Scribd company logo
Involuntary Manslaughter
Consolidation Session...
Aims and Objectives
• Our aim is to
develop...............................&...........................
of the key rules (AO )
• To practice the skills of ...........................&
..................................(A0 )
• To consolidate our...................................to
ease revision
Starter.... Legal pictionary.... You know
the rules...
Consolidation Task... Make a mind map
of the following key points...
10/19/2012
copyright 2006 Free template from
brainybetty.com ALL RIGHTS RESERVED.
14
1. Was the Act Unlawful?
• The death must be
caused by a criminal
offence, a tort is not
sufficient.
• Task: Complete your
cases from page 3-6 of
your handout and
summarise the first test
in your own words.
10/19/2012
copyright 2006 Free template from
brainybetty.com ALL RIGHTS RESERVED.
15
• R v Franklin
• R v Lamb
• R v Andrews
• R v Humble
• R v Arobieke
• R v Jennings
Must be unlawful
Lawful act does not become unlawful
just because someone dies
Throwing a box into the sea was not
sufficient
The v was not in fear therefore not
assault
Pushing car into path of other cars was assault
Injecting insulin by unauthorised person is
illegal
Standing on station platform is not illegal
Possessing a kitchen knife is not illegal without
intent to do harm
10/19/2012
copyright 2006 Free template from
brainybetty.com ALL RIGHTS RESERVED.
16
2. Objectively Dangerous Act
• The Unlawful Act must also
be dangerous. This is tested
objectively as stated in R v
Church.
• In R v Church it was held that
all the circumstances are
relevant and this includes
• those known to D
• as well as those that would
have been known by the
hypothetical ‘sober and
reasonable’ person had they
been present.
10/19/2012
copyright 2006 Free template from
brainybetty.com ALL RIGHTS RESERVED.
17
• DPP v Newbury & Jones
• R v Dawson
• R v Watson
• R v Wooley & Campbell
Boys dropped slab on train killing guard. If sober and reasonable man
saw risk of injury it does not matter if D did not
Armed robbery at petrol station, no physical attack but attendant had
heart disease and soon after died of a heart attack.
Not m/s as reasonable man would no have seen risk of injury
DD broke into old man’s house, verbal abuse and man died.Court found
that S&RM would have seen risk of injury as they saw a frail 87 yr old
2 women harassed old man in street he died of a heart attack. Jury found
S&RM would have seen risk of injury
10/19/2012
copyright 2006 Free template from
brainybetty.com ALL RIGHTS RESERVED.
18
3. The substantial cause of death
• The unlawful act must
cause the death. The rules
here are the same as they
are for murder and the egg-
shell skull rule is also to be
considered.
• Q: Tell me the rules on
factual and legal causation
• Now complete your cases
and summary up to page
14.
10/19/2012
copyright 2006 Free template from
brainybetty.com ALL RIGHTS RESERVED.
19
• Did not cause death
• R v Bennett –
• R v Carey –
• Did cause the Death
• R v Paget and R v Corian –Augustine
• Where more than one cause
• Attorney Gen Ref No4 1980
• Does not need to be sole cause
• R v Shohid
Illegal act of keeping fireworks did not cause death
The fight did not cause to run which was why she died
D did several acts that could kill. Can be seen as m/s even
Though cannot identify the act that caused death
If D is part of group that causes m/s d is guilty even if does
not commit the final act of killing as long as role is more than trivial
10/19/2012
copyright 2006 Free template from
brainybetty.com ALL RIGHTS RESERVED.
20
• Reaction of V must be foreseeable
Eg R v Hayward, R v Mackie and R v Corbett
• Example of unforeseeable
R v Williams & Davis
• Intervening event
R v Cheshire – medical intervention rarely breaks the chain
- significantly contributed to death
Egg Shell Skull rule
R v Woods – Little brother dies from smack
R v Ruby - V has v thin skull
DD picked up V and tried to rob him. His death by jumping from the
speeding car was not foreseeable
10/19/2012
copyright 2006 Free template from
brainybetty.com ALL RIGHTS RESERVED.
21
Causation continued
• Drug misuse
R v Dias –
R v Rogers -
R v Kennedy -
D passes V a heroin filled syringe. V injects
it and dies. D did not cause death. The
voluntary injection broke the chain
D applies a tourniquet to V’s arm to help him inject drugs
This was a cause as he directly assisted him. They were
in a joint action therefore manslaughter
After originally being guilty of m/s as D passed a syringe to
V who used it immediately and it was viewed as in a joint action
the appeal court quashed the conviction as it was the same as R v Dias
10/19/2012
copyright 2006 Free template from
brainybetty.com ALL RIGHTS RESERVED.
22
4. The unlawful act must be intentional
• an omission will not do
• but there need not have
been any intention to cause
harm
• nor must d realise the act
was unlawful or dangerous
• See DPP v Newbury &
Jones, R v Le Brun, R v Cato
Consolidation Task....
• Working in groups of 3:-
• Identify the offence
• Explain whether each element is satisfied
• What should D be convicted of?
• Produce a poster of your responses and be
prepared to share these with the class...
R v Goodfellow R v Corion Auguste R v Cato DPP v Newbury &
Jones
Omissions R v Lamb R v Franklin R v Arobieke
R v Slingsby R v Church R v Lowe R v Le Brun
Bingo... Consolidation time...what have you learned?

More Related Content

Similar to Involuntary manslaughter - recap and consolidation

Involuntary Manslaughter
Involuntary ManslaughterInvoluntary Manslaughter
Involuntary Manslaughter
Miss Hart
 
Invol mtr 2013 142
Invol mtr 2013 142Invol mtr 2013 142
Invol mtr 2013 142
Miss Hart
 
Causation & other issues 2011 12
Causation & other issues 2011 12Causation & other issues 2011 12
Causation & other issues 2011 12
Miss Hart
 
Actus Reus
Actus ReusActus Reus
Actus Reus
Miss Hart
 
Lecture 7 fatal offences
Lecture 7 fatal offencesLecture 7 fatal offences
Lecture 7 fatal offences
fatima d
 
Causation 2013 14
Causation 2013 14Causation 2013 14
Causation 2013 14
Miss Hart
 
Loss Of Control Intro Lesson
Loss Of Control Intro LessonLoss Of Control Intro Lesson
Loss Of Control Intro Lesson
Miss Hart
 
Ar & omissions 2011 12
Ar & omissions 2011 12Ar & omissions 2011 12
Ar & omissions 2011 12
Miss Hart
 
Attempts
AttemptsAttempts
Attempts
Miss Hart
 
AS Law (Precedent Lesson 1)
AS Law (Precedent Lesson 1) AS Law (Precedent Lesson 1)
AS Law (Precedent Lesson 1)
Miss Hart
 
Intox2014
Intox2014Intox2014
Intox2014
Miss Hart
 
Essay On Music Art And Culture
Essay On Music Art And CultureEssay On Music Art And Culture
Essay On Music Art And Culture
Stephanie Weber
 
IT coursework powerpoint
IT coursework powerpointIT coursework powerpoint
IT coursework powerpoint
Ben Thatcher
 
Synoptic paper 2011
Synoptic paper 2011Synoptic paper 2011
Synoptic paper 2011
Miss Hart
 
Nfoap2014
Nfoap2014Nfoap2014
Nfoap2014
Miss Hart
 
Plane Ride Essay
Plane Ride EssayPlane Ride Essay
Plane Ride Essay
Amy Hart
 
Strict liability 2013 14
Strict liability 2013 14Strict liability 2013 14
Strict liability 2013 14
Miss Hart
 
Denver auto accident attorney – your helping hands
Denver auto accident attorney – your helping handsDenver auto accident attorney – your helping hands
Denver auto accident attorney – your helping hands
MonalishaSha
 
Essay Challenges In Matriculation. Online assignment writing service.
Essay Challenges In Matriculation. Online assignment writing service.Essay Challenges In Matriculation. Online assignment writing service.
Essay Challenges In Matriculation. Online assignment writing service.
Nancy Ross
 
Ar ppt 2012 13
Ar ppt 2012 13Ar ppt 2012 13
Ar ppt 2012 13
Miss Hart
 

Similar to Involuntary manslaughter - recap and consolidation (20)

Involuntary Manslaughter
Involuntary ManslaughterInvoluntary Manslaughter
Involuntary Manslaughter
 
Invol mtr 2013 142
Invol mtr 2013 142Invol mtr 2013 142
Invol mtr 2013 142
 
Causation & other issues 2011 12
Causation & other issues 2011 12Causation & other issues 2011 12
Causation & other issues 2011 12
 
Actus Reus
Actus ReusActus Reus
Actus Reus
 
Lecture 7 fatal offences
Lecture 7 fatal offencesLecture 7 fatal offences
Lecture 7 fatal offences
 
Causation 2013 14
Causation 2013 14Causation 2013 14
Causation 2013 14
 
Loss Of Control Intro Lesson
Loss Of Control Intro LessonLoss Of Control Intro Lesson
Loss Of Control Intro Lesson
 
Ar & omissions 2011 12
Ar & omissions 2011 12Ar & omissions 2011 12
Ar & omissions 2011 12
 
Attempts
AttemptsAttempts
Attempts
 
AS Law (Precedent Lesson 1)
AS Law (Precedent Lesson 1) AS Law (Precedent Lesson 1)
AS Law (Precedent Lesson 1)
 
Intox2014
Intox2014Intox2014
Intox2014
 
Essay On Music Art And Culture
Essay On Music Art And CultureEssay On Music Art And Culture
Essay On Music Art And Culture
 
IT coursework powerpoint
IT coursework powerpointIT coursework powerpoint
IT coursework powerpoint
 
Synoptic paper 2011
Synoptic paper 2011Synoptic paper 2011
Synoptic paper 2011
 
Nfoap2014
Nfoap2014Nfoap2014
Nfoap2014
 
Plane Ride Essay
Plane Ride EssayPlane Ride Essay
Plane Ride Essay
 
Strict liability 2013 14
Strict liability 2013 14Strict liability 2013 14
Strict liability 2013 14
 
Denver auto accident attorney – your helping hands
Denver auto accident attorney – your helping handsDenver auto accident attorney – your helping hands
Denver auto accident attorney – your helping hands
 
Essay Challenges In Matriculation. Online assignment writing service.
Essay Challenges In Matriculation. Online assignment writing service.Essay Challenges In Matriculation. Online assignment writing service.
Essay Challenges In Matriculation. Online assignment writing service.
 
Ar ppt 2012 13
Ar ppt 2012 13Ar ppt 2012 13
Ar ppt 2012 13
 

Recently uploaded

Pengantar Penggunaan Flutter - Dart programming language1.pptx
Pengantar Penggunaan Flutter - Dart programming language1.pptxPengantar Penggunaan Flutter - Dart programming language1.pptx
Pengantar Penggunaan Flutter - Dart programming language1.pptx
Fajar Baskoro
 
HYPERTENSION - SLIDE SHARE PRESENTATION.
HYPERTENSION - SLIDE SHARE PRESENTATION.HYPERTENSION - SLIDE SHARE PRESENTATION.
HYPERTENSION - SLIDE SHARE PRESENTATION.
deepaannamalai16
 
BIOLOGY NATIONAL EXAMINATION COUNCIL (NECO) 2024 PRACTICAL MANUAL.pptx
BIOLOGY NATIONAL EXAMINATION COUNCIL (NECO) 2024 PRACTICAL MANUAL.pptxBIOLOGY NATIONAL EXAMINATION COUNCIL (NECO) 2024 PRACTICAL MANUAL.pptx
BIOLOGY NATIONAL EXAMINATION COUNCIL (NECO) 2024 PRACTICAL MANUAL.pptx
RidwanHassanYusuf
 
BÀI TẬP BỔ TRỢ TIẾNG ANH 8 CẢ NĂM - GLOBAL SUCCESS - NĂM HỌC 2023-2024 (CÓ FI...
BÀI TẬP BỔ TRỢ TIẾNG ANH 8 CẢ NĂM - GLOBAL SUCCESS - NĂM HỌC 2023-2024 (CÓ FI...BÀI TẬP BỔ TRỢ TIẾNG ANH 8 CẢ NĂM - GLOBAL SUCCESS - NĂM HỌC 2023-2024 (CÓ FI...
BÀI TẬP BỔ TRỢ TIẾNG ANH 8 CẢ NĂM - GLOBAL SUCCESS - NĂM HỌC 2023-2024 (CÓ FI...
Nguyen Thanh Tu Collection
 
Beyond Degrees - Empowering the Workforce in the Context of Skills-First.pptx
Beyond Degrees - Empowering the Workforce in the Context of Skills-First.pptxBeyond Degrees - Empowering the Workforce in the Context of Skills-First.pptx
Beyond Degrees - Empowering the Workforce in the Context of Skills-First.pptx
EduSkills OECD
 
How to Setup Warehouse & Location in Odoo 17 Inventory
How to Setup Warehouse & Location in Odoo 17 InventoryHow to Setup Warehouse & Location in Odoo 17 Inventory
How to Setup Warehouse & Location in Odoo 17 Inventory
Celine George
 
Temple of Asclepius in Thrace. Excavation results
Temple of Asclepius in Thrace. Excavation resultsTemple of Asclepius in Thrace. Excavation results
Temple of Asclepius in Thrace. Excavation results
Krassimira Luka
 
Leveraging Generative AI to Drive Nonprofit Innovation
Leveraging Generative AI to Drive Nonprofit InnovationLeveraging Generative AI to Drive Nonprofit Innovation
Leveraging Generative AI to Drive Nonprofit Innovation
TechSoup
 
Walmart Business+ and Spark Good for Nonprofits.pdf
Walmart Business+ and Spark Good for Nonprofits.pdfWalmart Business+ and Spark Good for Nonprofits.pdf
Walmart Business+ and Spark Good for Nonprofits.pdf
TechSoup
 
RHEOLOGY Physical pharmaceutics-II notes for B.pharm 4th sem students
RHEOLOGY Physical pharmaceutics-II notes for B.pharm 4th sem studentsRHEOLOGY Physical pharmaceutics-II notes for B.pharm 4th sem students
RHEOLOGY Physical pharmaceutics-II notes for B.pharm 4th sem students
Himanshu Rai
 
BÀI TẬP BỔ TRỢ TIẾNG ANH LỚP 9 CẢ NĂM - GLOBAL SUCCESS - NĂM HỌC 2024-2025 - ...
BÀI TẬP BỔ TRỢ TIẾNG ANH LỚP 9 CẢ NĂM - GLOBAL SUCCESS - NĂM HỌC 2024-2025 - ...BÀI TẬP BỔ TRỢ TIẾNG ANH LỚP 9 CẢ NĂM - GLOBAL SUCCESS - NĂM HỌC 2024-2025 - ...
BÀI TẬP BỔ TRỢ TIẾNG ANH LỚP 9 CẢ NĂM - GLOBAL SUCCESS - NĂM HỌC 2024-2025 - ...
Nguyen Thanh Tu Collection
 
B. Ed Syllabus for babasaheb ambedkar education university.pdf
B. Ed Syllabus for babasaheb ambedkar education university.pdfB. Ed Syllabus for babasaheb ambedkar education university.pdf
B. Ed Syllabus for babasaheb ambedkar education university.pdf
BoudhayanBhattachari
 
UGC NET Exam Paper 1- Unit 1:Teaching Aptitude
UGC NET Exam Paper 1- Unit 1:Teaching AptitudeUGC NET Exam Paper 1- Unit 1:Teaching Aptitude
UGC NET Exam Paper 1- Unit 1:Teaching Aptitude
S. Raj Kumar
 
Electric Fetus - Record Store Scavenger Hunt
Electric Fetus - Record Store Scavenger HuntElectric Fetus - Record Store Scavenger Hunt
Electric Fetus - Record Store Scavenger Hunt
RamseyBerglund
 
LAND USE LAND COVER AND NDVI OF MIRZAPUR DISTRICT, UP
LAND USE LAND COVER AND NDVI OF MIRZAPUR DISTRICT, UPLAND USE LAND COVER AND NDVI OF MIRZAPUR DISTRICT, UP
LAND USE LAND COVER AND NDVI OF MIRZAPUR DISTRICT, UP
RAHUL
 
Jemison, MacLaughlin, and Majumder "Broadening Pathways for Editors and Authors"
Jemison, MacLaughlin, and Majumder "Broadening Pathways for Editors and Authors"Jemison, MacLaughlin, and Majumder "Broadening Pathways for Editors and Authors"
Jemison, MacLaughlin, and Majumder "Broadening Pathways for Editors and Authors"
National Information Standards Organization (NISO)
 
Mule event processing models | MuleSoft Mysore Meetup #47
Mule event processing models | MuleSoft Mysore Meetup #47Mule event processing models | MuleSoft Mysore Meetup #47
Mule event processing models | MuleSoft Mysore Meetup #47
MysoreMuleSoftMeetup
 
SWOT analysis in the project Keeping the Memory @live.pptx
SWOT analysis in the project Keeping the Memory @live.pptxSWOT analysis in the project Keeping the Memory @live.pptx
SWOT analysis in the project Keeping the Memory @live.pptx
zuzanka
 
Standardized tool for Intelligence test.
Standardized tool for Intelligence test.Standardized tool for Intelligence test.
Standardized tool for Intelligence test.
deepaannamalai16
 
What is Digital Literacy? A guest blog from Andy McLaughlin, University of Ab...
What is Digital Literacy? A guest blog from Andy McLaughlin, University of Ab...What is Digital Literacy? A guest blog from Andy McLaughlin, University of Ab...
What is Digital Literacy? A guest blog from Andy McLaughlin, University of Ab...
GeorgeMilliken2
 

Recently uploaded (20)

Pengantar Penggunaan Flutter - Dart programming language1.pptx
Pengantar Penggunaan Flutter - Dart programming language1.pptxPengantar Penggunaan Flutter - Dart programming language1.pptx
Pengantar Penggunaan Flutter - Dart programming language1.pptx
 
HYPERTENSION - SLIDE SHARE PRESENTATION.
HYPERTENSION - SLIDE SHARE PRESENTATION.HYPERTENSION - SLIDE SHARE PRESENTATION.
HYPERTENSION - SLIDE SHARE PRESENTATION.
 
BIOLOGY NATIONAL EXAMINATION COUNCIL (NECO) 2024 PRACTICAL MANUAL.pptx
BIOLOGY NATIONAL EXAMINATION COUNCIL (NECO) 2024 PRACTICAL MANUAL.pptxBIOLOGY NATIONAL EXAMINATION COUNCIL (NECO) 2024 PRACTICAL MANUAL.pptx
BIOLOGY NATIONAL EXAMINATION COUNCIL (NECO) 2024 PRACTICAL MANUAL.pptx
 
BÀI TẬP BỔ TRỢ TIẾNG ANH 8 CẢ NĂM - GLOBAL SUCCESS - NĂM HỌC 2023-2024 (CÓ FI...
BÀI TẬP BỔ TRỢ TIẾNG ANH 8 CẢ NĂM - GLOBAL SUCCESS - NĂM HỌC 2023-2024 (CÓ FI...BÀI TẬP BỔ TRỢ TIẾNG ANH 8 CẢ NĂM - GLOBAL SUCCESS - NĂM HỌC 2023-2024 (CÓ FI...
BÀI TẬP BỔ TRỢ TIẾNG ANH 8 CẢ NĂM - GLOBAL SUCCESS - NĂM HỌC 2023-2024 (CÓ FI...
 
Beyond Degrees - Empowering the Workforce in the Context of Skills-First.pptx
Beyond Degrees - Empowering the Workforce in the Context of Skills-First.pptxBeyond Degrees - Empowering the Workforce in the Context of Skills-First.pptx
Beyond Degrees - Empowering the Workforce in the Context of Skills-First.pptx
 
How to Setup Warehouse & Location in Odoo 17 Inventory
How to Setup Warehouse & Location in Odoo 17 InventoryHow to Setup Warehouse & Location in Odoo 17 Inventory
How to Setup Warehouse & Location in Odoo 17 Inventory
 
Temple of Asclepius in Thrace. Excavation results
Temple of Asclepius in Thrace. Excavation resultsTemple of Asclepius in Thrace. Excavation results
Temple of Asclepius in Thrace. Excavation results
 
Leveraging Generative AI to Drive Nonprofit Innovation
Leveraging Generative AI to Drive Nonprofit InnovationLeveraging Generative AI to Drive Nonprofit Innovation
Leveraging Generative AI to Drive Nonprofit Innovation
 
Walmart Business+ and Spark Good for Nonprofits.pdf
Walmart Business+ and Spark Good for Nonprofits.pdfWalmart Business+ and Spark Good for Nonprofits.pdf
Walmart Business+ and Spark Good for Nonprofits.pdf
 
RHEOLOGY Physical pharmaceutics-II notes for B.pharm 4th sem students
RHEOLOGY Physical pharmaceutics-II notes for B.pharm 4th sem studentsRHEOLOGY Physical pharmaceutics-II notes for B.pharm 4th sem students
RHEOLOGY Physical pharmaceutics-II notes for B.pharm 4th sem students
 
BÀI TẬP BỔ TRỢ TIẾNG ANH LỚP 9 CẢ NĂM - GLOBAL SUCCESS - NĂM HỌC 2024-2025 - ...
BÀI TẬP BỔ TRỢ TIẾNG ANH LỚP 9 CẢ NĂM - GLOBAL SUCCESS - NĂM HỌC 2024-2025 - ...BÀI TẬP BỔ TRỢ TIẾNG ANH LỚP 9 CẢ NĂM - GLOBAL SUCCESS - NĂM HỌC 2024-2025 - ...
BÀI TẬP BỔ TRỢ TIẾNG ANH LỚP 9 CẢ NĂM - GLOBAL SUCCESS - NĂM HỌC 2024-2025 - ...
 
B. Ed Syllabus for babasaheb ambedkar education university.pdf
B. Ed Syllabus for babasaheb ambedkar education university.pdfB. Ed Syllabus for babasaheb ambedkar education university.pdf
B. Ed Syllabus for babasaheb ambedkar education university.pdf
 
UGC NET Exam Paper 1- Unit 1:Teaching Aptitude
UGC NET Exam Paper 1- Unit 1:Teaching AptitudeUGC NET Exam Paper 1- Unit 1:Teaching Aptitude
UGC NET Exam Paper 1- Unit 1:Teaching Aptitude
 
Electric Fetus - Record Store Scavenger Hunt
Electric Fetus - Record Store Scavenger HuntElectric Fetus - Record Store Scavenger Hunt
Electric Fetus - Record Store Scavenger Hunt
 
LAND USE LAND COVER AND NDVI OF MIRZAPUR DISTRICT, UP
LAND USE LAND COVER AND NDVI OF MIRZAPUR DISTRICT, UPLAND USE LAND COVER AND NDVI OF MIRZAPUR DISTRICT, UP
LAND USE LAND COVER AND NDVI OF MIRZAPUR DISTRICT, UP
 
Jemison, MacLaughlin, and Majumder "Broadening Pathways for Editors and Authors"
Jemison, MacLaughlin, and Majumder "Broadening Pathways for Editors and Authors"Jemison, MacLaughlin, and Majumder "Broadening Pathways for Editors and Authors"
Jemison, MacLaughlin, and Majumder "Broadening Pathways for Editors and Authors"
 
Mule event processing models | MuleSoft Mysore Meetup #47
Mule event processing models | MuleSoft Mysore Meetup #47Mule event processing models | MuleSoft Mysore Meetup #47
Mule event processing models | MuleSoft Mysore Meetup #47
 
SWOT analysis in the project Keeping the Memory @live.pptx
SWOT analysis in the project Keeping the Memory @live.pptxSWOT analysis in the project Keeping the Memory @live.pptx
SWOT analysis in the project Keeping the Memory @live.pptx
 
Standardized tool for Intelligence test.
Standardized tool for Intelligence test.Standardized tool for Intelligence test.
Standardized tool for Intelligence test.
 
What is Digital Literacy? A guest blog from Andy McLaughlin, University of Ab...
What is Digital Literacy? A guest blog from Andy McLaughlin, University of Ab...What is Digital Literacy? A guest blog from Andy McLaughlin, University of Ab...
What is Digital Literacy? A guest blog from Andy McLaughlin, University of Ab...
 

Involuntary manslaughter - recap and consolidation

  • 2. Aims and Objectives • Our aim is to develop...............................&........................... of the key rules (AO ) • To practice the skills of ...........................& ..................................(A0 ) • To consolidate our...................................to ease revision
  • 3. Starter.... Legal pictionary.... You know the rules...
  • 4.
  • 5.
  • 6.
  • 7.
  • 8.
  • 9.
  • 10.
  • 11.
  • 12.
  • 13. Consolidation Task... Make a mind map of the following key points...
  • 14. 10/19/2012 copyright 2006 Free template from brainybetty.com ALL RIGHTS RESERVED. 14 1. Was the Act Unlawful? • The death must be caused by a criminal offence, a tort is not sufficient. • Task: Complete your cases from page 3-6 of your handout and summarise the first test in your own words.
  • 15. 10/19/2012 copyright 2006 Free template from brainybetty.com ALL RIGHTS RESERVED. 15 • R v Franklin • R v Lamb • R v Andrews • R v Humble • R v Arobieke • R v Jennings Must be unlawful Lawful act does not become unlawful just because someone dies Throwing a box into the sea was not sufficient The v was not in fear therefore not assault Pushing car into path of other cars was assault Injecting insulin by unauthorised person is illegal Standing on station platform is not illegal Possessing a kitchen knife is not illegal without intent to do harm
  • 16. 10/19/2012 copyright 2006 Free template from brainybetty.com ALL RIGHTS RESERVED. 16 2. Objectively Dangerous Act • The Unlawful Act must also be dangerous. This is tested objectively as stated in R v Church. • In R v Church it was held that all the circumstances are relevant and this includes • those known to D • as well as those that would have been known by the hypothetical ‘sober and reasonable’ person had they been present.
  • 17. 10/19/2012 copyright 2006 Free template from brainybetty.com ALL RIGHTS RESERVED. 17 • DPP v Newbury & Jones • R v Dawson • R v Watson • R v Wooley & Campbell Boys dropped slab on train killing guard. If sober and reasonable man saw risk of injury it does not matter if D did not Armed robbery at petrol station, no physical attack but attendant had heart disease and soon after died of a heart attack. Not m/s as reasonable man would no have seen risk of injury DD broke into old man’s house, verbal abuse and man died.Court found that S&RM would have seen risk of injury as they saw a frail 87 yr old 2 women harassed old man in street he died of a heart attack. Jury found S&RM would have seen risk of injury
  • 18. 10/19/2012 copyright 2006 Free template from brainybetty.com ALL RIGHTS RESERVED. 18 3. The substantial cause of death • The unlawful act must cause the death. The rules here are the same as they are for murder and the egg- shell skull rule is also to be considered. • Q: Tell me the rules on factual and legal causation • Now complete your cases and summary up to page 14.
  • 19. 10/19/2012 copyright 2006 Free template from brainybetty.com ALL RIGHTS RESERVED. 19 • Did not cause death • R v Bennett – • R v Carey – • Did cause the Death • R v Paget and R v Corian –Augustine • Where more than one cause • Attorney Gen Ref No4 1980 • Does not need to be sole cause • R v Shohid Illegal act of keeping fireworks did not cause death The fight did not cause to run which was why she died D did several acts that could kill. Can be seen as m/s even Though cannot identify the act that caused death If D is part of group that causes m/s d is guilty even if does not commit the final act of killing as long as role is more than trivial
  • 20. 10/19/2012 copyright 2006 Free template from brainybetty.com ALL RIGHTS RESERVED. 20 • Reaction of V must be foreseeable Eg R v Hayward, R v Mackie and R v Corbett • Example of unforeseeable R v Williams & Davis • Intervening event R v Cheshire – medical intervention rarely breaks the chain - significantly contributed to death Egg Shell Skull rule R v Woods – Little brother dies from smack R v Ruby - V has v thin skull DD picked up V and tried to rob him. His death by jumping from the speeding car was not foreseeable
  • 21. 10/19/2012 copyright 2006 Free template from brainybetty.com ALL RIGHTS RESERVED. 21 Causation continued • Drug misuse R v Dias – R v Rogers - R v Kennedy - D passes V a heroin filled syringe. V injects it and dies. D did not cause death. The voluntary injection broke the chain D applies a tourniquet to V’s arm to help him inject drugs This was a cause as he directly assisted him. They were in a joint action therefore manslaughter After originally being guilty of m/s as D passed a syringe to V who used it immediately and it was viewed as in a joint action the appeal court quashed the conviction as it was the same as R v Dias
  • 22. 10/19/2012 copyright 2006 Free template from brainybetty.com ALL RIGHTS RESERVED. 22 4. The unlawful act must be intentional • an omission will not do • but there need not have been any intention to cause harm • nor must d realise the act was unlawful or dangerous • See DPP v Newbury & Jones, R v Le Brun, R v Cato
  • 23. Consolidation Task.... • Working in groups of 3:- • Identify the offence • Explain whether each element is satisfied • What should D be convicted of? • Produce a poster of your responses and be prepared to share these with the class...
  • 24. R v Goodfellow R v Corion Auguste R v Cato DPP v Newbury & Jones Omissions R v Lamb R v Franklin R v Arobieke R v Slingsby R v Church R v Lowe R v Le Brun Bingo... Consolidation time...what have you learned?