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You are here: Homepage » Criminal Law » A Level » Involuntary Manslaughter

A Level Law (Criminal) Assignment 8 - Involuntary Manslaughter

Task

You will be set one of the following questions:

 

1. Harry and Joan are an elderly married couple in their seventies. They are both frail and forgetful. They agree to allow Joan's ailing older brother, Will, to come and stay with them as he is clearly finding it very difficult to look after himself. Will becomes increasingly argumentative and the three of them fall out with one another. As a result, Joan refuses to do any cooking for Will, who spends more and more time in his own bedroom and refuses to communicate with either Harry or Joan. Six months after he has come to live with them, Harry and Joan realise that they have not heard, nor seen, Will for four days. When they go into his room they discover Will collapsed on the floor. They immediately telephone for an ambulance and Will is taken to hospital. Will is found to be suffering from pneumonia. Doctor Foster treats Will with penicillin after failing to consult with Joan, who would have told Dr Foster of Will's allergy to penicillin. As a result Will's condition becomes critical and he is transferred to the intensive care unit. Will dies soon afterwards.

Advise Harry, Joan and Dr Foster as to their liability for Will's death.

(June 2001)

or

2. "In struggling to define the boundaries of involuntary manslaughter the courts have encountered considerable difficulties and the resulting muddle is not a credit to English law."

Discuss whether this criticism is justified.

(June 2000)

or

3. Dennis was throwing stones at passing cars. One stone hit the windscreen of Angela's car causing her to lose control. The car swerved onto the pavement running over Sarah, a 9 year old child, who had just left home on her way to school. Mary, Sarah's mother, who had a weak heart, witnessed the accident, suffered a heart attack and died. Sarah was badly injured and was rushed to hospital for treatment.

After two weeks in an intensive care unit Sarah was transferred to a normal recovery ward when her intravenous drip tube became dislodged from her arm when a hospital porter negligently rushed past her. This problem was not observed until the next morning when it was discovered that Sarah had lapsed into a coma as a result of the drip having been dislodged. She did not regain consciousness and, three days later, Sarah died.

 

Consider Dennis's liability for the deaths of Sarah and Mary.

(June 1999)

or

4. Olivia is a dedicated member of an animal rights society. A circus was visiting the large seaside town where Olivia lives. She believed that some of the animals were being mistreated by being kept in very small cages. One summer night she entered the circus compound and released the lions. The alarm was quickly raised and all but one were immediately re-captured. The one lion still at large savaged Albert, who was making his way home from a night club in the early hours of the morning. Albert was rushed to the local hospital suffering from a severe loss of blood. He was immediately diagnosed as being in a critical condition and given a blood transfusion. The doctor responsible used the wrong blood type and, as a result, Albert died.

 

Advise Olivia as to her criminal liability for Albert's death.

(June 1998)

or

5. Horace has just had an argument with his wife and storms out of the house. In a fit of temper, he kicks the garden wall of a neighbouring house owned by Jim. The kick is so powerful that the wall collapses. One of the bricks from the wall strikes Horace on the head leaving him dizzy and confused. Jim comes out from his house to investigate the noise. Horace, in his confused state, picks up a garden spade and strikes Jim once on the ankle intending only to disable him temporarily.

Jim is taken to hospital and treated by Dr King for minor bruises. Dr King neglects to ask Jim whether or not he is allergic to any drugs. In fact, Jim is allergic to penicillin. When Dr King gives Jim a routine penicillin injection, Jim's reaction is so extreme that, despite Dr King's best efforts to revive him, Jim dies.

 

Consider the criminal liability of Horace.

(June 1997)

or

6. 'Involuntary manslaughter is an offence of ill-defined boundaries covering the middle ground between murder and accidental death.' (M.J. Allen, Textbook on Criminal Law)

Assess the validity of the above statement by analyzing the constituent elements of constructive manslaughter and gross negligence manslaughter only.

(June 1995)

 

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