Term
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Definition
| Involuntary manslaughter can only arise from a positive intentional act, not an omission. |
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Term
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Definition
| An unlawful act required proof of a criminal offence — both actus reus and mens rea for the offence must be proved. |
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Term
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Definition
| The unlawful act has to be dangerous and if reasonable people could expect some harm to result from the act. |
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Term
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Definition
| Involuntary act manslaughter is an intentional, unlawful and dangerous act that causes the death of a person. There is no requirement that the defendant foresees a risk of harm. |
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Term
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Definition
| "Harm" refers to physical harm. But there is no requirement that the foreseeable harm is the same "sort" of physical harm which kills the victim. |
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Term
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Definition
| Knowledge of the dangerous act can be obtained during the act. |
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Term
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Definition
| The unlawful act does not have to be directed at the victim. |
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Term
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Definition
| Negligence is akin to recklessness. A high degree of negligence is required to be proved before the felony is established. |
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Term
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Definition
| In order to prove involuntary act manslaugher, the prosecution must prove that there was a duty of care, that the duty was breached, that the breach caused the death of the victim and that the defendant's conduct was grossly negligent and warrants criminal charges. Whether or not the breach was serious depends on the level of negligence and how far the defendant departed from accepted standards. |
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Term
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Definition
| For involuntary manslaughter, there must be a duty of care. |
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Term
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Definition
| Application of duty theory to gross negligent manslaughter. Duty of care based on Miller - duty arising from the creation of a dangerous situation. |
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Term
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Definition
| If the defendant foresaw a risk of death or serious injury and takes the risk. |
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