* not completed

Which of the following is the BEST description of involuntary manslaughter?

Where the actus reus of murder cannot be proved. correct incorrect

Where the actus reus of murder can be proved and D intended to kill or cause serious harm. correct incorrect

Where the actus reus of murder can be proved but D did not intend to kill or cause serious harm. correct incorrect

Where the actus reus of murder can be proved and D intended to kill or cause serious harm but D is excused by virtue of a partial defence. correct incorrect

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Which of the following is NOT an element of the offence of unlawful act manslaughter?

Foresight of death. correct incorrect

D's deliberate act causes V's death. correct incorrect

D's deliberate act is dangerous. correct incorrect

D's deliberate act is a criminal offence. correct incorrect

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The case of Church (1966) defines the dangerousness test for the crime of unlawful act manslaughter. Which statement below is the test?

The unlawful act must be such that all sober and reasonable people would inevitably recognize it as an act which must subject the other person to at least the risk of some (physical) harm resulting therefrom, albeit not serious harm. correct incorrect

The unlawful act must be such that the defendant recognized it as an act which must subject the other person to at least the risk of some (physical) harm resulting therefrom, albeit not serious harm. correct incorrect

A reasonable person would not inevitably recognize a 60 year old as having a weak heart. correct incorrect

A reasonable person would inevitably recognize the risk of harm to an 87 year old victim. correct incorrect

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Which case is the leading authority for the offence of gross negligence manslaughter?

Newbury and Jones (1977) correct incorrect

Adomako (1995) correct incorrect

Church (1966) correct incorrect

Lidar (2000) correct incorrect

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Which of the following statements is the BEST description of the offence of gross negligence manslaughter?

D owes V a duty of care, D breaches that duty and the breach involves an obvious risk of death, the breach causes death and the jury finds the breach serious enough to be a crime. correct incorrect

D owes V a duty of care, D breaches that duty, having foreseen the risk of death, the breach causes death and the jury finds the breach serious enough to be a crime. correct incorrect

D owes V a duty of care, D breaches that duty and the breach causes death. correct incorrect

D has to disregard recklessly a risk to V's health and welfare or actually foresee the risk. correct incorrect

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What was the issue on appeal in the case of Mark (2004) and what was the outcome of the appeal on that issue?

Whether an employer owes a duty to an employee and the Court of Appeal held he does. correct incorrect

Whether his actions were a breach of his duty and the Court of Appeal held they were. correct incorrect

Whether D had to foresee the risk and the Court of Appeal held he did. correct incorrect

Whether D had to foresee the risk and the Court of Appeal held he did not. correct incorrect

* not completed

Which of the following is FALSE?

In the offence of gross negligence manslaughter, the question of whether the breach of the duty is serious enough to be a crime is a question of law for the judge. correct incorrect

In the offence of gross negligence manslaughter, the question of whether the breach of the duty is serious enough to be a crime is a question of fact for the jury. correct incorrect

In the offence of gross negligence manslaughter, the question of whether the breach of the duty is serious enough to be a crime involves an element of circularity. correct incorrect

In the offence of gross negligence manslaughter, the question of whether the breach of the duty is serious enough to be a crime distinguishes civil negligence from criminal negligence. correct incorrect

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If the reforms in Murder, Manslaughter and Infanticide (2002) Law Com 304 were enacted without change, which of the following is FALSE?

What is currently reckless manslaughter would become murder in the second degree if D kills with an intention to do serious injury, or with an intention to cause some injury, a fear of injury or a risk of injury, with an awareness of a serious risk of causing death. correct incorrect

The offence of unlawful act/constructive manslaughter would be abolished entirely. correct incorrect

Gross negligence manslaughter would be retained as an offence, redefined slightly so that a risk that D's conduct will cause death would be obvious to a reasonable person in D's position and D is capable of appreciating that risk. correct incorrect

It would be murder in the first degree if D kills with intention to kill or D kills with intent to cause serious injury and an awareness of a serious risk of causing death. correct incorrect