homicide - involuntary manslaughter

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7 Terms

1
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two types of involuntary manslaughter

unlawful act manslaughter

gross negligence manslaughter

2
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unlawful act manslaughter

committed when the D has done an unlawful and dangerous act which causes the death of another human being under the kings peace

3
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authority for unlawful act manslaughter

Newbury

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elements of unlawful act manslaughter

  1. D must have committed an unlawful act

  2. D’s unlawful act must be dangerous

  3. D’s unlawful act must have caused death (factual and legal causation)

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gross negligence manslaughter

committed where death is caused by D’s grossly negligent act or omission

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gross negligent manslaughter authority

Adomako

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elements of gross negligence manslaughter

  1. D owed a duty of care to V

  2. D breached that duty of care

  3. the breach was grossly negligent

  4. breach gave rise to serious and obvious risk of death

  5. the breach caused death (factual and legal)