1. Offences Against the Person (3):
Involuntary
Manslaughter
G153 2012
Miss Hart

2. Starter:
Find the answers to the following questions... From the rest of the class
You can only answer one yourself.
What kind of killing might Name two cases we have How does involuntary
be involuntary? already covered which manslaughter differ from
illustrate this area. voluntary?
Name: Name: Name:
Why might it be unfair to Susie gives Sandra a James thumps Bob, who
impose liability on a syringe, which Sandra falls over hits his head and
defendant for involuntary willingly injects. Sandra dies. Is James liable for his
manslaughter? dies. Is Susie liable for her death?
death?
Name: Name: Name:

3. Types...
(
Gross
Negligence
( Reckless
Act
Constructive
Act
Does this really exist...
... Or is it just another
form of gross neg?

4. What do we mean by involuntary?
• A teenager pushes a stone off a
These are all blameworthy in
bridge
the eyes of the law.
• An anaesthetist doesn’t notice the Blameworthy enough to argue
tube is stuck for ten minutes. involuntary manslaughter
• A man bullies his wife and she kills
herself
Are they all equally
• A landlord doesn’t check the gas blameworthy to you?
fire
Which do you think have a
justifiable argument?
• A man sets his house on fire so
that the council will move him.

5. Type One:
Constructive Act Manslaughter
Element One: your AO2 response...
Developing
Why is it called constructive act?
Can you Two: any problems with this
Element spot
definition?
Who is going to be in charge of
liability? Three:
Element
Why might we be justified in imposing
liability here?
Element Four:

6. Element One:
Unlawful Act
R v Church
R v Nedrick
R v Hancock and Shankland
The rules...
R v Lowe 1973
R v Lamb 1967
R v Franklin 1883

7. What type of manslaughter are each of
these situations?
Voluntary or Involuntary
James kills Louise by
James kills Louise
James kills Louise
James kills Louise. is
stabbing her through
James kills Louise by
whilst drunk. He He
because she taunts
isthe heartfrom brain
suffering herand the
punching heronce in
pushing her into she
drowning after the
her doctor in fails
him about being
road,noticecausinghis
the chest, that by her
damagethinking theto
water, causedjustan
threatens to kill
to intending that
beaten up by his
maketo blow hasthe
earlier a tube who
she is break up on
rib her trip has
oxygen fish and
son. She to
younger sister on a
head and nowletedge. a
previouslybe heart.his
needs to her loses
the pavement free.
become dislodged.
pierce hit him on
regular basis
number of occasions.
temper easily.

8. Starter
What’s the word?
Manslaughter Constructive
Unlawful Act

9. Element Two:
Dangerous Act
R v Church 1966
How is it
“An act which all sober and judged?
reasonable people would realise
would subject V to at least some
harm”
What kind of
actions might it
cover?
Larkin 1943
What issues and
Carey & Others 2006 problems can you
spot?

10. What kind of harm may be enough?
Rule One: Rule Two:
The dangerous act The dangerous act may be aimed
may be aimed at a at property
third party
Rule Three:
There must be a risk of physical harm – fear
R v Mitchell or apprehension isn’t enough
... except where V’s
frailty is obvious to
the reasonable
man. Why?

11. Can harming someone
psychologically be enough?
New Development in the Law (?):
R v Dhawali 2006
R v Ajose & Can 2009

12. Element Three:
Causing the Death
Applying the Law
R v Lewis 2010 Can you spot the elements?
D was driving home in the early Unlawful Act
morning. Students were crossing the
road and one hit the car. D got out of
the car and pushed the woman who Dangerous Act
hit the car. Her brother, V, intervened
and then ran off. D ran after him, and V Such that all sober and
ran into the path of another car and
died. responsible person would
foresee
Causing the death

13. A problem?
What about the person who supplies the drug, or
even prepares it. Is this a dangerous act?
s.23 Offences Against the Person Act 1861
“administer a noxious substance”
R v Cato 1976 R v Dalby 1982
• D was a drug addict who lawfully
Two friends spent a night injecting obtained drugs on prescription. He gave
each other with heroin and water some of the tablets to V, also known to
mixes. The victim had prepared the be a drug addict. V had consumed a
large quantity of the drug in one
mixture but Cato had injected it. session, and subsequently injected
himself with other substances. The
following morning he was found to have
died of a drug overdose

14. It’s the “inbetween” bit which causes problems!
Kennedy Dias Rogers
1999 2002 2003

15. The solution:
R v Kennedy No.2

16. Plenary:
It’s Post-it time!
Discuss the issues raised by the case of NEWBURY
A and JONES in imposing liability for the manslaughter
of D.
B
Explain what the problem with supplying a drug and
liability for manslaughter was, and how the court has
resolved this.
C Identify two limitations on the meaning of „dangerous
act‟ in this offence
Explain why we impose liability on those who
D „accidently‟ kill.
Define the offence of constructive act manslaughter
E and illustrate with a case

17. Starter:
Is D liable for the death?
Apply what you know about constructive act manslaughter to the case below and
conclude on his liability!
R v Arobieke 1988
D, who was 6 ft 7 and over 20 stone, was at a
railway station looking in trains. V, who was
terrified of him, spotted him and ran away over the
railway tracks, electrocuting himself.
Verdict:
The Court of Appeal quashed the conviction on the ground that there had been
no criminal act by the defendant, as the evidence did not show that the
defendant had physically threatened or chased the deceased.

18. Element Four:
Mens Rea
Newbury and Jones 1976
What issues are raised by this case and its ratio?

19. Did you understand?
Task:
You are going to see 10 case
descriptions.
Merelong fight friend
A Not your and
Boy shoots friend of a
Injecting anymore!(by
... preparation
chaseaccident)
will makeisstudents,
with enough
syringe you liable
ALL of you should be able Man hits girlfriend
Sets his house onends
which throw rocksfire
Boys begins and at
to identify the case then drowns
with hitting a one
to get a new car.
trains.
Rv girlfriend
R vKennedy No. 2
Kennedy No.1
R v Cato
R v Lamb
Illegal Act/
Some of you will be able to R Illegal Act/and
vvNewbury
R Illegal Act
v Lewis 2010
RIllegal Act/
CausingChurch
R v the death
Goodfellow
identify the area of Causing the death
Jones
Causing the death
Causing the death
Dangerous Act
constructive act manslaughter Mens rea
which is illustrated by the
case.

20. Key Case!
R v Adomoko 1994
1. What was D’s duty to V?
2. What had he failed to do?
3. When do you think that he goes from simple
negligence to gross negligence?
4. What is the key question when looking at the
negligence of D?
5. What did the expert witnesses think of his conduct?
6. What are the four key elements of manslaughter by
gross negligence?
7. What does Lord Mackay think of R v Seymour?
8. Which other duties and cases can you think of which
may fall into this area of the law?

21. Type of Manslaughter Two:
Gross Negligence
Element One: Element Two:
Element Three: Element Four:

22. Element One:
Duty of Care
Donoghue v Stevenson
1932
“You must take reasonable care to
avoid acts and omissions which you can
reasonably foresee would be likely to
injure your neighbours.
Who then is my neighbour?
The answer seems to be persons who
are so closely and directly affected by
my act that I ought reasonably to have
them in contemplation as being so
affected when I am directing my mind
to acts or omissions which are called
into question.”

23. Case Duty? Owed by whom? Facts? Basis of the Duty?
Singh 1999 Duty to maintain property
Litchfield 1998 Employer to employee
Khan & Khan 1998 Summon Assistance?
Dias 2002
You have the answers
Possible duty not to supply and
prepare drugs for another?
Pittwood 1902
on the cards in front Gate operator to public
of you…
Wacker 2002 D was a lorry driver bringing 60 illegal immigrants
in. He closed the air vent on the ferry to prevent
detection and forgot to open it. The ferry was
delayed and 58 died.
Stone & Dobinson 1977 Can you sort them all out from the clues on the grid?
Duty to keep caring for someone
once you start.
Harris & Harris 2003 Parent to child
Willoughby 2004 Conspirator to conspirator

24. The answers!
Things to note...
 The duty situation have gone
beyond the civil law.
 The list of duties is not finite!

25. Consolidation
Explain one way the criminal law on duty of care
differs from the civil law.
Identify and explain three problems with the
imposition of a duty on D
Look at the following four scenarios. Which duty of
care could be imposed in each situation?
Susan refuses to give her Sebastian and Louis plan to
bedbound husband any food rob a house. Whilst in the
on days ending in ‘y’. house, Louis knocks over a
The husband dies. candle setting fire to the
house, trapping Sebastian,
who dies.
Joe is employed by the local Sylvia is bored taking meals to
council and has to put out the her grandmother, and decides
cones to mark off dig sites on the to go on holiday instead. Her
local road. One day he goes for a grandmother starves to death.
coffee before putting them out.
Sue drives into the site, crashing
and dies.

26. Element Two:
Breach of Duty Causing Death
The
Duty must
breach Liability
have been
caused for D!
breached
death

27. Questions... Questions....
What if V does
something which
puts them in
danger, even
when they have
been warned?
Do they still have
a duty of care?
R v Winters 2010

28. A solution to the drugs issue?
The courts have already said that it is not constructive act
manslaughter as D’s voluntary actions break the chain.
R v Evans (Gemma) 2009 1. What is the ratio of this case?
2. What is the role of the jury in
gross negligence cases?
3. What had D done?
4. What was D‟s duty and how was
it established?
Why was her mother Extension:
not the subject of an What was the question the court should
consider in determining whether or not D
appeal? owed a duty of care?

29. Applying the Law:
Which of the following defendants may be liable for the
death of their victim?
Dave, a lifeguard is on his way out of Dr James treats Karen for stomach
the pool after finishing his shift when problems but misses the ulcer in her
he sees Louis slip and fall into the stomach. The ulcer bursts and Karen
water dies.
Sarah believes that all blood is Vic and Bob decide to rob a bank and
contaminated and refuses to let her 6 break into the safe to steal money. Bob
year old son, Reece, be given any becomes stuck in the safe and dies
blood after an accident. Reece dies before he can be found.

30. Element Three:
Gross Negligence
The action must have been so wrong in all the circumstances as to
be deserving of criminal punishment...
R v Bateman 1925
“Such disregard for life and
safety of others as to
This is to crime against
amount left up to
thethe deserving of
state jury
punishment.”

31. Element Four:
Risk of Death
Stone and Dobinson Bateman
Andrews v DPP
Or
Which to choose?
Adomako
“In my opinion the law as stated in these two authorities
[Bateman; Andrews] is satisfactory as providing a proper
basis for describing the crime of involuntary
manslaughter.... Examples in which this was done, to my
mind, with complete accuracy are Reg. v. Stone”

32. The solution….
R v Misra & Another
 The question is “not whether D’s
negligence was gross and
additionally a crime but
whether his behaviour was
grossly negligent and
consequently criminal” Judge LJ
 In other words: the outcome not
the offence is the only uncertain
thing.
A risk of death only was sufficient.

33. Reckless Act Manslaughter
Old Law... New Law...
Seymour Lidar
Does Reckless Act Manslaughter
D had an argument with his common law wife. In an still exist after Adomako?
effort to move her car out of his way by pushing it
with his truck, he had jammed her body between his
truck and her car, as a result of which she sustained
severe injuries from which she later died.
The trial judge had directed the jury that they should
convict if they were satisfied that the D had caused
the death, and had been reckless in so doing,
*The House of Lords held that the conviction should
stand. Thus Caldwell recklessness applied to
manslaughter.
D sees risk of death or serious injury as highly probable, goes ahead and death results.

34. Plenary:
Complete the crossword!
Demonstrate your knowledge of Gross Negligence
Across
3. Case which showed that a threat to
life was only enough (7)
5. Well, he certainly wacked a lot of
them! (6)
6. Most recent case on the problem of
supplying drugs (5)
7. People who must decide whether a
duty exists (4)
8. The other way to commit gross
negligence manslaughter (8)
Down
1. Key Case (7)
2. One of the two ways gross negligence
manslaughter can be committed (3)
3. What must have happened to D's
duty of care (6)
4. Who, according to Lord Atkin, do you
owe a duty to? (9)
5. Cold case which illustrates that even
if D ignores you, you might owe a duty
(7)

35. Can you name the case?
Splash, splash. Oh this You’re old! You’re frail! Oops…
looks like a nice place to is he breathing?
dump some rubbish.
Knee, infection, dead All of you need to be
Neigh, neigh, choo, choo
What a lovely ship, shame
able to identify the
about the fuel facts of most of the
I know how I’ll get a new
cases
house… and lose my family Let’s play catch… choo,
choo.
Eww! What a horrible drink.
Most of you will be
Gimme rent, honest I’ll able to name most of
Scare me, Breathe in…
look after you. the cases
I’ll drop breathe not?
dead Tighter… tighter… oops
Some of you will be
(though I
look ok) I can see a vein… How do you tell they’re able to ascribe the
dead again? Splash! case to one of the
How nice am I? Have a areas of involuntary
lovely syringe. You want me to shave? But I’m a girl!
manslaughter.
How much do you want? No Go on, shoot me! Revolver?
matter to me if your well What’s a revolver?
To breathe or not to breathe, that is the question

36. You are going to work together
to produce a visual aid on
Consolidation
one of the types of involuntary
manslaughter. develop
You need to include in your revision
section:
 A clear definition of the type of
manslaughter
Case profile of one key case on the area
 Clues to at least three other relevant
cases and their importance
 A symbol or diagram relating to your
area
 Clear definition of at least three terms
which are relevant to your area
One joke or pun
One application problem.
All of you must contribute to the revision
aid.
Some of you will be able to include at
least two critical points related to your
area.

37. Starter:
Can you solve the tarsia?
Hint One:
The corner cards only have
one piece of information
Hint Two:
The side cards have two
pieces of information

38. Can you name the case?
Splash, splash. Oh this You’re old! You’re frail! Oops…
looks like a nice place to is he breathing?
dump some rubbish.
Knee, infection, dead All of you need to be
Neigh, neigh, choo, choo
What a lovely ship, shame
able to identify the
about the fuel facts of most of the
I know how I’ll get a new
cases
house… and lose my family Let’s play catch… choo,
choo.
Eww! What a horrible drink.
Most of you will be
Gimme rent, honest I’ll able to name most of
Scare me, Breathe in…
look after you. the cases
I’ll drop breathe not?
dead Tighter… tighter… oops
Some of you will be
(though I
look ok) I can see a vein… How do you tell they’re able to ascribe the
dead again? Splash! case to one of the
How nice am I? Have a areas of involuntary
lovely syringe. You want me to shave? But I’m a girl!
manslaughter.
How much do you want? No Go on, shoot me! Revolver?
matter to me if your well What’s a revolver?
To breathe or not to breathe, that is the question

39. Consolidation:
Do you get this
topic?
You have a single sheet of
A3, summarising this area
Using only notes complete it
using your handouts and
your brain!

40. Finally...
What might happen to improve the law?
You each have a copy of an
article from the A Level Law
Review Magazine, which is
available in both libraries.
This article summarises the
main points and issues with the
offence.
You each have 12 statements,
some of which are true and
some of which are false.
Read the article and see if you
can work out which are which!

41. Extending your Evaluation
Student Task:
Pick three of the points which are
supported by the text.
Develop each of these points into
an argument on whether the
current law works, and whether
these proposals are an efficient
response
Aiming for the top?
Include at least one case in your
argument, to support and develop it.

42. Essays
What areas of the law would you cover?

43. Marking an AO1 A2CRIM AO2 A2
Exemplar…
CRIM
LEVEL 5 Wide-ranging, accurate, Ability to identify correctly the relevant
detailed knowledge with a clear and 21-25 and important points of criticism, 17-20
confident understanding of the showing good understanding of current
relevant concepts and principles. debate and proposals for reform,. A high
You have an example essay
Where appropriate, candidates will be level of ability to develop arguments and
from a past student in front able to elaborate with wide citation of reach a cogent, logical and well-informed
of you. You are going to relevant statutes and caselaw conclusion.
mark it. LEVEL 4 Good, well-developed Ability to identify and analyse issues
knowledge with a clear understanding 16-20 central to the question, showing some 13-16
of the relevant concepts and principles. understanding of current debate and
Where appropriate, candidates will be proposals for reform. Ability to develop
You have the indicative able to elaborate by good citation to clear arguments, and reach a sensible and
relevant statutes and case-law. informed conclusion.
mark LEVEL 3 Adequate knowledge showing Ability to analyse most of the more
reasonable understanding of the 11-15 obvious points central to the question or 9-12
scheme (the plan!) relevant concepts and principles. to identify the main points of law in issue.
Where appropriate, candidates will be Ability to develop arguments or and
able to elaborate with some citation of reach a conclusion.
Take two colours. relevant statutes and case-law.
LEVEL 2Limited knowledge showing Ability to explain some of the more
general understanding of the relevant 6-10 obvious points central to the question or 5-8
concepts and principles. There will be to identify some of the points of law in
Highlight the AO1 in one some elaboration of the principles, and issue. A limited ability to produce
colour, and the AO2 in where appropriate with limited arguments based on their material but
reference to relevant statutes and without a clear focus or conclusion.
another. case-law.
LEVEL 1 Very limited knowledge of the Ability to explain at least one of the
basic concepts and principles. There 1-5 simpler points central to the question or 1-4
Now look at the grade will be limited points of detail, but
accurate citation of relevant statutes
to identify at least one of the points of
law in issue. The approach may be
descriptors. What do you and case-law will not be expected. uncritical and/or unselective.
think?

44. Involuntary manslaughter involves death but the mens rea of murder is not present as there is no intent. There are
different types of involuntary manslaughter: constructive act manslaughter (also known as unlawful act manslaughter)
and gross negligence manslaughter. There is also the element of reckless manslaughter, because without reckless
manslaughter there is a gap of liability. This is seen with Khan v Khan.
In constructive act manslaughter there are both mens rea and actus reus elements. The mens rea Clement is the mens
rea of an unlawful act. The defendant does not have to know that the act is unlawful and dangerous as per Newbury v
Jones.
The actus reus elements of constructive act manslaughter are the unlawful act and the fact that the act must be
dangerous. The unlawful act has to be an act and not an omission, as per Lowe, and it also needs to be unlawful, as per
Lamb, where it was held that there must be fear do an assault. This is therefore justifying the defendant's' actions,
which is not satisfactory for the crime, so the law needs to be reformed in this area.
There is then the need for the act to be dangerous, which is an objective these. As in church, the defendant must
foresee a risk of harm. It was held that an act must be dangerous if there were an objective risk of some harm, and the
risk must be forseeable by a reasonable and sober person. This was modified in Dawson which allowed the victims
characteristics to be accounted for.
There have been some problems with this. Goodfellow shows that the act need not be aimed at a person - this is surely
justifying the death of someone through a threat that does not directly endanger one's life.
Gross negligence manslaughter has three elements to it. These are breach of duty of care, breach of duty causing death
and gross negligence.
Duty of care is the relationship from omissions. This is signified with Adomako when someone fails to perform a
contract and it endangers life. It can also be seen with Stone and Dobinson. The exact terms of the duty are unclear and
this part of the law needs reform.
Breach of duty causing death means that the defendant's act has gone below the standard expected of the reasonable,
sober person.
For gross negligence it must have gone beyond a matter of compensation, showing a distinct lack of regard for life (as
in Bateman). This area is in satisfactory state for the governing law body.
The scope of the duty relationship has been criticised, as its application is too narrow.
The area of involuntary manslaughter is in need of reform. One area to be reformed would be to introduce corporate
manslaughter to make companies more responsible, as they are currently not taking full responsibility.
Another proposed change is to involve the offences of reckless killing and also killing by gross carelessness. This was
proposed in 1994 by the Law Reforms Commission.

45. What is the examiner expecting
from you?
These are the
comments from
the Examiner’s
report.
They indicate the
strengths and
weaknesses of the
students’ answers.
Read them –
what are you going
to ensure you do in
writing this essay
successfully?

46. Plenary:
It’s Post-it time!
The case of Lidar is incorrect, as reckless Act does
A not exist. Discuss whether or not you think that this
is a correct statement on the law and why.
B
Explain what the problem with supplying a drug and
liability for manslaughter was, and how the court has
resolved this.
C Explain why we impose liability on those who
„accidently‟ kill.
D Identify two limitations on the meaning of „illegal act‟
in Constructive Act Manslaughter.
Define the offence of gross negligence manslaughter
E and illustrate with a case

47. Homework
Write up the essay, aiming for at least 3-4 sides.
Due: last lesson of the first week back.