CRIMINAL LAW UNIT FOUR

involuntary manslaughter

What are the 3 elements of unlawful act manslaughter?

Unlawful act + objectively dangerous act + causation of death.

What must the unlawful act be?

A positive criminal act. It cannot be negligence or an omission.

Which case confirms that an omission cannot amount to unlawful act manslaughter?

R v Lowe — unlawful act manslaughter requires a positive act.

Which case confirms that the defendant does not need to intend death?

DPP v Newbury & Jones [1977] — there must be an unlawful criminal act, but the defendant does not need to intend death.

What is the dangerousness test?

An objective test: would a reasonable person recognise a risk of some harm?
→ R v Church [1966]

Who decides whether the act was dangerous?

The jury, applying the objective test to the evidence.

What mens rea is required for unlawful act manslaughter?

The mens rea required for the underlying unlawful criminal act.

Is recklessness as to death required?

No. The mens rea relates to the unlawful act, not the resulting death.

What must the unlawful act cause?

The victim's death. Normal causation rules apply.

What is the leading case for gross negligence manslaughter?

R v Adomako [1995]

What are the elements of gross negligence manslaughter?

1. Duty of care
→ 2. Breach of duty
→ 3. Obvious risk of death
→ 4. Breach caused death
→ 5. Breach was grossly negligent and deserving of criminal punishment.

Can gross negligence manslaughter arise from an omission?

Yes, where the defendant owed a legal duty to act.

What makes negligence "gross"?

The conduct must be exceptionally bad and far below the standard expected of a reasonable person, making it deserving of criminal punishment.

Does D need to realise that their conduct fell below the required standard?

No. The test is objective.

What case concerns whether a duty of care exists?

R v Willoughby [2004] — the judge decides whether there is evidence capable of establishing a duty; the jury then considers it.

What case confirms that a breach can involve an act or omission?

R v Khan — a duty can be breached by positive conduct, omission or negligent behaviour.

What is the causation requirement?

The breach of duty must have caused the victim's death.

What case established criminal liability for gross negligence causing death?

R v Bateman (1925)

What case explains what counts as gross negligence?

R v Sellu [2016] — conduct must be a very serious departure from the standard expected of a reasonably competent person.

Does gross negligence manslaughter require an intention to cause harm?

No. No intention or "bad intent" is required.

How does dangerous driving differ from unlawful act manslaughter?

→ Dangerous driving is based on negligence and does not require intention.
→ Unlawful act manslaughter involves a separate criminal unlawful act.

Does dangerous driving require the driver to intend to drive dangerously?

No. It is a negligence-based offence.

What is voluntary intoxication?

When D knowingly consumes alcohol or drugs, including where they underestimate the amount or effect.

When can voluntary intoxication help with mens rea?

Only for specific-intent offences, where intoxication prevents D from forming the required mens rea.

What case establishes the voluntary intoxication rule?

DPP v Majewski [1976]

What is a specific-intent offence?

An offence where the mens rea requires intention, e.g. murder.

What is a basic-intent offence?

An offence where the mens rea can be satisfied by recklessness, such as many assault offences.

What happens when D is voluntarily intoxicated and commits a basic-intent offence?

Voluntary intoxication is no defence. D is treated as having the required mens rea.

What case illustrates intoxication and murder?

R v Lipman [1970] — intoxication may prevent the mens rea for murder, but D may still be guilty of a lesser offence such as manslaughter.

What is "Dutch courage"?

D cannot deliberately become intoxicated to give themselves courage and then rely on intoxication as a defence.

What case concerns Dutch courage?

Attorney-General for Northern Ireland v Gallagher [1963]

When is intoxication involuntary?

When D did not know they consumed the substance, or they properly took prescribed medication but experienced an unusual effect.

What case concerns unexpected effects of medication?

R v Hardie [1984]

What is the rule for involuntary intoxication?

→ If intoxication causes D to lack mens rea, they may be not guilty.
→ If D still has mens rea, intoxication is no defence.

What case demonstrates that involuntary intoxication is no defence if mens rea exists?

→ R v Kingston [1994]

Does involuntary intoxication distinguish between basic and specific intent?

No. If D lacks mens rea because of involuntary intoxication, it can potentially apply to either type of offence.

Involuntary intoxication + no mens rea =

not guilty

Involuntary intoxication + mens rea =

guilty

What happens if voluntary intoxication causes D to make a mistaken belief that self-defence was necessary?

D cannot rely on that intoxicated mistake to establish self-defence.

What case concerns intoxication and mistaken self-defence?

R v O'Grady [1983]

What does s76(5) Criminal Justice and Immigration Act 2008 provide?

A mistaken belief caused by voluntary or involuntary intoxication cannot support a claim of self-defence.

R v Lowe

Unlawful act manslaughter requires a positive act, not an omission.

DPP v Newbury & Jones [1977]

Unlawful act manslaughter requires an unlawful criminal act; intention to kill is unnecessary.

R v Church [1966]

Dangerousness is judged objectively.

R v Adomako [1995]

Leading case for gross negligence manslaughter.

R v Willoughby [2004]

Concerns establishing a duty of care.

R v Khan

Breach of duty can occur through an act, omission or negligent behaviour.

R v Bateman (1925)

Criminal liability can arise from gross negligence causing death.

DPP v Majewski [1976]

Voluntary intoxication is generally no defence to basic-intent offences.

R v Lipman is the authority for what?

there can be a defence of intoxication as there is no mens rea