Constructive Manslaughter

HideShow resource information
  • Created by: rkb1997
  • Created on: 18-04-16 10:04
View mindmap
  • Unlawful Act Manslaughter
    • 1) D committed an unlawful act and this has to be a crime
      • Tort or Breach of contract is insufficient (Franklin; Lowe)
        • No Crime              =           No Conviction
    • 2) Does not require second Mens Rea (Newbury and Jones)
      • The Mens rea of the initial crime is sufficient
    • 3) D's act Must be Dangerous
      • Dangerous in the sense that a sober and reasonable person would inevitably recognise it carried the risk of some harm (CHURCH)
        • Harm must be physical harm (Dawson)
          • Frailty of person brings a risk of harm (Watson)
    • Unlawful Act must be the substantial cause of death
      • Factual (Pagett)           Legal            (White)
      • Kennedy- Never appropriate to find guilt in someone who has supplied drugs


No comments have yet been made

Similar Law resources:

See all Law resources »See all Criminal law resources »