Manslaughter

Question 1

What is manslaughter by unlawful act?

Answer 1

Where there is a lack of mens rea for murder or GBH, but a positive act has been carried out that is unlawful, and there was a mens era for this act.

Question 2

Regarding Manslaughter by unlawful act, can the positive act be directed towards a person or property?

Answer 2

Both.

Question 3

Regarding Manslaughter by unlawful act, can the consequences of the act be both Physical and Psychological harm resulting in the death?

Answer 3

No, only Physical Harm

Question 4

Can an accidental shooting amount to Manslaughter by Unlawful Act?

Answer 4

No, as there is no Mens Rea.

Question 5

What is Manslaughter by Gross Negligence?

Answer 5

Death results from a negligent breach of duty of care - for example, an anaesthetist had failed to notice that a patients oxygen supply had been disconnected from the ventilator, and they died.

Question 6

Regarding S.5 of the DV crime acT - causing or allowing a child to vulnerable adult to die, what age constitutes a child?

Answer 6

Under 16.

Question 7

Regarding S.5 of the DV crime act - causing or allowing a child to vulnerable adult to die, what factors make an adult Vulnerable? (5 Answers)

Answer 7

1. Physical Disability
2. Mental Disability
3. Ilness
4. Old Age
5. Other factors.

Question 8

Regarding S.5 of the DV crime act - causing or allowing a child to vulnerable adult to die, does the child or vulnerable adult have to die?

Answer 8

No - Or suffered serious physical harm.

Question 9

Regarding S.5 of the DV crime act - causing or allowing a child to vulnerable adult to die, how does the defendant commit this offence? (2 Answers)

Answer 9

1. Through an unlawful act.
2. Through an omission

Question 10

Regarding S.5 of the DV crime act - causing or allowing a child to vulnerable adult to die, regarding guilty by omission, what are the three points where the defendant could be found guilty?

Answer 10

1. They were aware of ought to have been aware of the risk.
2. Failed to take reasonable steps to protect the victim from the risk.
3. Foresaw OR ought to have foresaw the act.

Question 11

Regarding S.5 of the DV crime act - causing or allowing a child to vulnerable adult to die, must the defendant be a member of the same household as the victim?

Answer 11

Yes, AND have frequent contact.