Constructive Manslaughter
- 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
- Tort or Breach of contract is insufficient (Franklin; Lowe)
- 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)
- Harm must be physical harm (Dawson)
- Dangerous in the sense that a sober and reasonable person would inevitably recognise it carried the risk of some harm (CHURCH)
- 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
- 1) D committed an unlawful act and this has to be a crime
Comments
No comments have yet been made