What are some of the problems with the law on involuntary manslaughter?
Law is too wide, complex, harsh on the accused and difficult in terms of medical evidence.
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Why is it too wide?
The statute can cover a serious assault, a problem at work, a failure to comply with health and safety standards - is genuinely too wide.
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Why is it harsh on the accused?
It is harsh because it is objectively judged, meaning that the D may not have foreseen the harm.
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Why is it complex?
There are often problems with causation.
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What are we Law Commission proposals for this area of the law?
They are to get rid of reckless manslaughter, and the rules for GN will be: d causes death of another, risk obvious to normal person, appreciated at the time.
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Other cards in this set
Card 2
Front
Why is it too wide?
Back
The statute can cover a serious assault, a problem at work, a failure to comply with health and safety standards - is genuinely too wide.
Card 3
Front
Why is it harsh on the accused?
Back
Card 4
Front
Why is it complex?
Back
Card 5
Front
What are we Law Commission proposals for this area of the law?
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