Werid problem question on involuntary manslaugh, cant idenifty actual offences Law 3Watch
The thing I don't get is Aaron hasent done anything as he simple cycled past and another cyclist kicked out no actus reus and its not an omission. The question says its involuntary manslaughter it cant be unlawful act as what's the unlawful act. And is the doctor done for gross negligence manslaughter? If so is it contractual duty
Thanks in advance
'He then went out on his bike while cycling at high speed past Ellie another cyclist kicked out at her and knocked her off her bike'. I think you have interpreted it 'past Ellie, another cyclist..', ie there was a third cyclist that kicked out, but it would make sense if Ellie was just another cyclist and so Aaron did the damage. Therefore it would be UAM with the defence of intoxication.
What exam board and year is this scenario from?
Morover, felix is subject to prosecution if the cps considered it to be in the public interest and the prosecution will be successful. This is probable as Felix missed her fatal injuries. Moreover, "the prosecution will have to satisfy the jury beyond reasonable doubt that each element of the crime is proved. The elements for the crime of gross negligence manslaughter have been developed by the courts, and were affirmed in the case of Adomako, in 19951, which illustrates the context of this offence. A patient had died after his anaesthetist failed to check that the oxygen supply remained connected to his endotracheal tube during retinal surgery, or to react to the consequent cessation of movements of breathing in this paralysed patient, or to the cessation of the ventilator’s indicators of oxygen delivery.
The court held that to be convicted, the following elements had to be proved:
(i) the defendant must have breached their duty of care by virtue of their negligence
(ii) that the negligence must have caused death
(iii) that the negligence complained of must amount to ‘gross negligence’." - http://www.uhs.nhs.uk/HealthProfessi...y-doctors.aspx
I havent studied criminal law for a while so my knowledge is pretty hazy but if i where to try and answer this question these are the sort of things i would consider