Chapter 6 Multiple choice questions

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. Which ONE of the following is NOT a correct principle of law in respect of unlawful act manslaughter?

The act must be directed at the victim. correct incorrect

The act must be objectively dangerous. correct incorrect

The act must be unlawful. correct incorrect

The defendant must intentionally do an act. correct incorrect

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. Which ONE of the following cases may be cited as the leading authority of the House of Lords for the definition of unlawful act manslaughter?

Lowe (1973) correct incorrect

Fenton (1830) correct incorrect

DPP v Newbury and Jones (1977) correct incorrect

Dawson (1985) correct incorrect

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. What state of mind must the defendant be proved to have for a conviction for unlawful act manslaughter?

Intention to do the act and foresight of the risk of some harm correct incorrect

Intention to do the act and the relevant mens rea of the unlawful act correct incorrect

Intention to do the act, foresight of the death and the relevant mens rea of the unlawful act correct incorrect

Knowledge that the act is unlawful and dangerous correct incorrect

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. Nigel and Andrew, two drug addicts, buy some heroin together. Nigel prepares a syringe of heroin and injects Andrew with it with Andrew's consent. Andrew dies and Nigel 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"?

Battery correct incorrect

Supplying a controlled drug under the Misuse of Drugs Act 1971 correct incorrect

Possession of a controlled drug under the Misuse of Drugs Act 1971 correct incorrect

Maliciously administering a noxious thing so as to endanger life or inflict GBH, contrary to s.23, OAPA 1861 correct incorrect

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. Martina and Charlotte are two drug addicts. Martina prepares a syringe of heroin and hands it to Charlotte, who injects herself with the drug. Charlotte dies and Martina is charged with unlawful act manslaughter on the basis of her unlawful act of supplying the controlled drug to Charlotte. Is Martina guilty of unlawful act manslaughter, and why?

Yes, because Martina's unlawful act of supplying the drug to Charlotte has caused Charlotte's death. correct incorrect

Yes, because Martina's unlawful act of causing a noxious thing to be administered to Charlotte has caused Charlotte's death. correct incorrect

No, because Charlotte's voluntary act of injecting herself breaks the chain of causation. correct incorrect

No, because there is no unlawful act. correct incorrect

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. Which of the following statements about gross negligence manslaughter is FALSE?

Gross negligence manslaughter can be committed by an act or omission. correct incorrect

Whether or not the defendant owed the victim a duty of care is a question of fact to be determined by the jury. correct incorrect

Whether or not the defendant was grossly negligent is a question of fact to be determined by the jury. correct incorrect

The usual rules of causation must be established in order to secure a conviction for gross negligence manslaughter. correct incorrect

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. What is the test for gross negligence and what is the leading case on gross negligence manslaughter?

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: Evans (2009). correct incorrect

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: Adomako (1995). correct incorrect

Whether the defendant's conduct fell below the standard to be expected of a reasonable person: Adomako (1995). correct incorrect

Whether the defendant's conduct fell below the standard to be expected of a reasonable person: Bateman (1925). correct incorrect

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. Involuntary manslaughter requires proof of which of the following elements?

The actus reus of murder and intention to cause GBH correct incorrect

The actus reus of murder and the mens rea of murder correct incorrect

The actus reus of murder and the mens rea of murder and a special defence correct incorrect

The actus reus of murder but not the mens rea of murder correct incorrect

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. According to the case of Lidar (2000), what is the test for reckless manslaughter?

The reasonable man must foresee death or serious injury as possible to occur. correct incorrect

The defendant must foresee death or serious injury as possible to occur. correct incorrect

The defendant must foresee death or serious injury as highly probable to occur. correct incorrect

The reasonable man must foresee death or serious injury as highly probable to occur. correct incorrect

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. Which ONE of the following may NOT be convicted under the Corporate Manslaughter and Corporate Homicide Act 2007?

An individual correct incorrect

A corporation correct incorrect

A police force correct incorrect

A trade union correct incorrect