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What is Involuntary Manslaughter?
· Involuntary Manslaughter is an unlawful
killing
· Without the intent to kill or cause serious
harm
· There are three types:
­ Constructive/Unlawful Act Manslaughter
­ Gross Negligence Manslaughter
­ Reckless Manslaughter…read more

Slide 3

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What is Constructive
Manslaughter?
· Occurs when:
­ An unlawful act is committed...
­ for which the Defendant has the mens rea...
­ and which is dangerous on an objective test...
­ and which causes death.…read more

Slide 4

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What is Constructive
Manslaughter?
· The Unlawful Act must be positive
· It may not be a tort
­ R v Franklin (1883)
· It may not be an omission
­ R v Lowe (1973)
· It may be aimed at a person other than the
intended victim
­ R v Mitchell (1983)
· It may also be aimed at something
­ R v Goodfellow (1986)…read more

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What is Constructive
Manslaughter?
· The defendant must have the mens rea for
the Unlawful Act
· It is not necessary for the defendant to
foresee any harm from that act
­ R v Newbury and Jones (1976)…read more

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What is Constructive
Manslaughter?
· The act must be dangerous on an objective test
­ R v Church (1966)
· The harm must be physical, and cannot result
from fear alone...
­ R v Dawson and Others (1985)
· Except where the victims frailties are obvious
and would then, reasonably, be taken into
account.
­ R v Watson (1989)…read more

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