Chapter 8 Multiple choice questions

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

Where the actus reus of murder cannot be proved.

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

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

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.

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

Foresight of death.

D's deliberate act causes V's death.

D's deliberate act is dangerous.

D's deliberate act is a criminal offence.

. 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.

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.

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

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

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

Newbury and Jones (1977)

Adomako (1995)

Church (1966)

Lidar (2000)

. 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.

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.

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

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

. What was the issue on appeal in the case of Broughton (2020) concerning gross negligence manslaughter and what was the outcome of the appeal on that issue?

What test is to be used to determine whether a grossly negligent breach of a duty caused the death. The Court of Appeal held as long as it was the only cause of death the defendant could be guilty.

What degree of foresight of death was required. The Court of Appeal held death had to be highly likely.

What degree of foresight of death was required. The Court of Appeal held death had to be a serious possibility.

What test is to be used to determine whether a grossly negligent breach of a duty caused the death. The Court of Appeal held it had to be shown beyond reasonable doubt that the victim would have lived if D had not breached their duty.

. 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.

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.

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.

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.

. 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.

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

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.

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.

Chapter 8 Multiple choice questions

Quiz Content