Involuntary Manslaughter

  • Created by: Launston
  • Created on: 13-05-14 13:11
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  • Involuntary Manslaughter
    • Unlawful Act
      • Act
        • Dangerousness
          • Causing death
          • Church - sober and reasonable people would recognise the dangerousness
            • Can take account of frailty if obvious to defendant
        • Kennedy - must be a crime
          • Lowe - omissions may count if they are wilful
    • Gross Negligence
      • Duty of care
        • Breach of duty
          • Causing death
            • Appropriate for criminal liability
              • Must be sufficiently gross and fall far below standard expected by reasonable person
            • Death must be caused by the negligence itself
          • Reasonable person would consider it a breach
        • Evans - extended to include duty arising from contribution to a dangerous situation
    • Reckless Manslaughter
      • Advertent, conscious risk taking
        • Foresight of serious harm - Lidar


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