Involuntary Manslaughter

Involuntary Manslaughter

1. UAM

   • unlawful act
     • must be unlawful (R v Lamb) (R v Franklin)
     • positive act not an omission (R v Howe)
     • act must be considered dangerous by R v Church test
       • would the sober, reasonable person recognise the risk of some harm
   • MR for unlawful act (DPP v Newbury and Jones)
   • legal (R v Kimsey) and factual (R v White) causation applies

2. GNM

   • death caused by gross breach of duty
   • common law duties
     • contractual (R v Pittwood)
     • voluntary assumption (stone and dobinson)
     • relationship (Gibbins and proctor)
     • official position (R v Dytham)
     • dangerous situation (R v Miller)
   • breach of duty must be deemed so gross its criminal
     • reasonable person would recognise serious (R v Rudling) and obvious (R v Rose) risk of harm
     • R v Adomako
   • Caparo test applies
     • FJR, proximity, reasonably foreseeable
   • breach of duty must be shown
     • falling below standards of the reasonable person (Blyth v Birmingham water works)
     • professionals judged against professionals (R v Adomako)
   • no MR needed
   • legal and factual causation applies