Deck 6: Involuntary Manslaughter

Question 1

Which of the following is NOT a requisite element of unlawful act manslaughter?

A) Intention to kill or cause GBH
B) An unlawful act
C) Proof that the act was dangerous
D) Proof that the act caused death

Answer 1

A

Question 2

Bert, an habitual burglar, breaks into a block of retirement flats at night. He enters Maud's flat. Maud is an elderly lady with a weak heart. She interrupts Bert while he is rifling through her cupboards. Maud suffers a heart attack due to shock and dies. Which of the following is most likely to apply?

A) Bert will be convicted of murder because it was virtually certain that Maud would have a heart attack and die and Bert realised this.
B) Bert will be convicted of attempted murder.
C) Bert will not be convicted of unlawful act manslaughter because the reasonable man would not have recognised the risk of some harm.
D) Bert will be convicted of unlawful act manslaughter. The act of burglary became dangerous when Bert saw that Maud was an elderly lady and realised that there was a risk of some harm to her.

Answer 2

D

Question 3

Which of the following most accurately describes the test of dangerousness from Church (1966)?

A) The defendant recognised a risk of death
B) A reasonable person would recognise a risk of serious injury to the victim
C) A reasonable person would recognise a risk of death to the victim
D) A reasonable person would recognise a risk of some harm to the victim

Answer 3

D

Question 4

Why was the defendant's conviction in Kennedy (No. 2) (2007) quashed in the House of Lords?

A) Because the defendant did not intend to cause the death of the victim
B) Because the chain of causation was broken by the free and informed act of self-injection by the victim
C) Because there was no unlawful act
D) Because the supply of a controlled drug is not objectively dangerous

Question 5

Which of the following statements about unlawful act manslaughter is FALSE?

A) The act must be directed at the victim
B) The act must cause the death of the victim
C) An omission will not suffice
D) The act must be a criminal offence

Question 6

Ian and Joshua are drug addicts. At Joshua's request, Ian prepares a syringe of heroin and injects Joshua with it. Joshua dies and Ian is charged with unlawful act manslaughter. According to the Court of Appeal in Cato (1976), which offence could the prosecutor rely upon as the "unlawful act"?

A) Supplying a controlled drug under the Misuse of Drugs Act 1971
B) Assault occasioning actual bodily harm under s.47, OAPA 1861
C) Maliciously administering a noxious thing so as to endanger life or inflict GBH, contrary to s.23, OAPA 1861
D) Possession of a controlled drug under the Misuse of Drugs Act 1971

Question 7

What is the test for gross negligence manslaughter as expressed by Lord Mackay in Adomako (1995)?

A) Whether the negligence of the accused showed such disregard for the life and safety of others as to amount to a crime against the State and conduct deserving punishment
B) Whether, having regard to the risk of death involved, the conduct of the defendant was so bad in all the circumstances as to amount to a criminal act or omission
C) Whether the defendant foresaw death or serious harm as highly probable
D) Whether the defendant's conduct fell below the standard to be expected of a reasonable person

Question 8

Which of the following is NOT a recognised form of involuntary manslaughter?

A) Objectively reckless manslaughter
B) Gross negligence manslaughter
C) Unlawful act manslaughter
D) Corporate manslaughter