GNM

Question 1

What is the definition of involuntary manslaughter?

Answer 1

Involuntary manslaughter is the unlawful killing of a reasonable person in being without the intention to kill or cause GBH.

Question 2

What is gross negligence manslaughter?

Answer 2

Gross negligence manslaughter occurs when a person’s negligent behavior, which leads to death, is so severe it requires punishment under criminal law.

Question 3

What is the actus reus (AR) of murder?

Answer 3

The actus reus of murder is unlawfully killing a reasonable person in being.

Question 4

What is the mens rea (MR) for murder?

Answer 4

The mens rea for murder is the intention to kill or cause GBH.

Question 5

What is voluntary manslaughter?

Answer 5

Voluntary manslaughter is the unlawful killing of a reasonable person in being with the intention to kill or cause GBH, but with a partial defense of diminished responsibility (DR) or loss of control (LC).

Question 6

What are the three elements needed for a successful conviction of gross negligence manslaughter?

Answer 6

• The defendant must owe the victim a duty of care
• The defendant breaches this duty, causing the death
• The negligence is gross, which the jury considers to be ‘criminal’.

Question 7

What case established the neighbour principle for determining duty of care?

Answer 7

The neighbour principle was established in Donoghue v Stevenson (1932).

Question 8

Give an example of a case where a duty of care was established.

Answer 8

R v Singh (1999) - A landlord owed a duty to his tenants to maintain a gas fire.

Question 9

In R v Litchfield (1998), what duty was recognized?

Answer 9

The master of a sailing ship owed a duty to the crew when he sailed knowing that the engines would fail.

Question 10

What does the Bateman test determine?

Answer 10

The Bateman test determines whether negligence is ‘gross’ and amounts to a crime deserving punishment.

Question 11

What happened in the case of Duckenfield (2019)?

Answer 11

Duckenfield was charged with 95 counts of gross negligence manslaughter related to the Hillsborough disaster but was acquitted by a jury after a retrial.

Question 12

Fill in the blank: The negligence is considered ‘gross’ when it shows such disregard for the life and safety of others to amount to a _______.

Answer 12

[crime against the State]

Question 13

True or False: A breach of duty must be unlawful to constitute gross negligence manslaughter.

Answer 13

False.

Question 14

What is the significance of R v Evans (2009) in relation to gross negligence manslaughter?

Answer 14

In R v Evans, the defendant was guilty of gross negligence manslaughter for failing to call an ambulance for her sister who self-injected heroin.

Question 15

What does the legal principle from R v Wacker (2002) state regarding duty of care?

Answer 15

A duty of care can exist between participants in a joint illegal act, even if they are also perpetrating the crime together.

Question 16

What are usual rules of causation applied to in gross negligence manslaughter?

Answer 16

The usual rules of causation apply to determine if the breach of duty caused the death.